12 IMPLEMENTATION

The Fresno General Plan provides specific policy guidance for implementation in each of the Plan elements, which also establishes a basis for coordinating City actions with adjacent jurisdictions, and regional and State agencies. This element describes the implementation process and summarizes the major City actions; the implementing policies in each element of the Plan provide details that will guide program development. A summary of the implementing policies is also provided, showing which City officials and departments are responsible for these actions, and what the timelines are expected to be. The specific timing of Plan implementation will be dependent on the City's budgetary resources and staffing and may vary depending on how market forces affect development. The Annual Report on the General Plan will keep City officials and others up-to-date on Plan implementation.

12.1 OVERVIEW

This Implementation Element provides guidance and policies for the process of implementing the Fresno General Plan. The first section of the element presents elected officials, commissions, and departments of the City that are involved in the implementation process with an overview of their responsibilities. The next section of the element describes the City's role in the implementation process through the City's Capital Improvement Program (CIP) and fiscal management strategies. Then, the relationship between the Plan and the regulatory system that guides private sector development is described. It includes an overview of the Development Code (Code) and other regulations and presents information on streamlining California Environmental Quality Act (CEQA) review and the sequencing of development. Lastly, the element includes a table with detailed actions, responsible parties, and corresponding policies that are needed to implement the Plan.

The CIP will be the primary means of scheduling and funding public infrastructure improvements of citywide benefit, consistent with the General Plan Economic Development and Fiscal Sustainability Element policies. To implement the goals of this Plan revised or new master plans for specific facilities and services may be necessary. The City has completed many studies, master plans, and management plans for City facilities and infrastructure, including the BRT Master Plan (2008), Long Range Transit Master Plan (2010), Bicycle, Pedestrian and Trails Master Plan (2010), Urban Water Management Plan (2010), Metro Water Plan (2014), Recycled Water Master Plan (2013), and the Wastewater Collection Plan (2006). Additional master plans that could enhance the goals of this Plan will need to be evaluated and may include plans such as a parks, recreation, and open space plan and a bikes and trails implementation plan. As part of the Plan implementation the City will completely reassess fees for levels of service. The public facility development impact fees of the City or other special districts will need to be reviewed and updated as necessary. Special assessment districts or other means of financing improvements benefiting specific areas, such as the South Industrial Area, employment centers adjacent to the Airport, and new neighborhoods, may be needed.

In many areas, the Plan implementation will depend on actions of other public agencies and of the private sector, which will fund most of the development and related infrastructure, consistent with California and US constitutional requirements of nexus and proportionality. The Plan will serve as a coordinating function for private sector decisions; it also provides a basis for action on concept plans and individual development applications, which must be consistent with the Plan.

The idea of concept plans, presented in the Urban Form, Land Use, and Design Element, will be further developed by, and have regulations provided in, the new Development Code. After the adoption of the General Plan, the City also anticipates

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that the new Development Code will establish updated procedures for making findings for General Plan conformity decisions in new regulating and zoning implementation provisions. The City will reevaluate the General Plan every five years using information from, but not limited to, market demand studies and analysis to determine land use needs.

The major implementation process for land use proposals will be updating and administering the Code through the Zoning Map and development review procedures. The City’s zoning ordinance is being updated by the preparation of the Code following the adoption of the Plan in implement the goals, objectives, policies, and planned land uses of the Plan. The Code will modify and add zone districts reflecting the designations on the General Plan Land Use Diagram. The Code will also update the City’s Subdivision Ordinance to amend or add provisions related to land dedication and improvements for public facilities such as public streets, schools, parks, paths or trails, and waterway corridors, and reservation of sites for the community facilities, consistent with current State law.

12.2 RESPONSIBILITIES

Implementing the General Plan will involve the Mayor, the City Council (Council), the Planning Commission (Planning Commission), and other City boards, committees, commissions, and departments. The City also will need to consult with Fresno County, Madera County, the City of Clovis, the City of Sanger, and other public agencies about implementation proposals that affect their respective areas of jurisdiction. The principal responsibilities that City officials and staff have for the Plan implementation are briefly summarized below; details on their powers and duties are defined in the Fresno Municipal Code (FMC) and the Charter of the City of Fresno.

Mayor

The City of Fresno is a “strong mayor” city, in which the Mayor serves as the top-level executive for the organization. The Mayor appoints the City Manager, who is the chief administrator of the City and has overall responsibility for the day-to-day implementation of the Plan, and the members of the Planning Commission with Council approval. The Mayor also prepares and submits the City budget, which includes the Capital Improvement Plan, to the Council, and may also recommend legislation to the Council. These responsibilities are delineated in the City’s Charter.

City Council

The City Council is the governing body of the City and is vested with all powers of legislation in municipal affairs. As the legislative body, the Council is responsible for

adoption of the Plan, subject to Mayoral veto or referendum, and any amendments to the Plan. The Council also adopts the zoning and subdivision ordinances embodied in the Development Code, including the Official Zone Map, to implement the Plan, and approves final subdivision maps consistent with the Plan. The Council also may adopt community plans, neighborhood plans and Specific Plans, among others, as needed for General Plan implementation, and it hears appeals from the Planning Commission regarding certain development project decisions. The Council also approves a CIP and budget to carry out the Plan.

Planning Commission

The Planning Commission hears, reviews, and makes recommendations to the City Council on development, land use, and environmental issues, including the Plan, zoning and subdivision ordinances, and other land use regulations. The Planning Commission may also prepare and recommend adoption of design guidelines and Specific Plans, community plans, Concept Plans, neighborhood plans as needed for Plan implementation. Finally, the Commission is responsible for tentative map approvals under the City’s Subdivision Regulations, if it finds them to be consistent with the Plan and Specific Plans and certain development project review, as specified in the Development Code, and for other implementation actions, as specified in the Plan elements or in the Development Code.

Historic Preservation Commission

In 1979, the Council adopted the City’s Historic Preservation Ordinance (HPO) and updated it in 1999, 2010 and 2012. It established the City’s Historic Preservation Commission and a Local Register of Historic Resources (Local Register), patterned after the 1966 National Register of Historic Places. Fresno’s Local Register thus serves to protect and preserve buildings, structures, objects and sites which are (generally) at least 50 years of age and which have both historic significance as well as integrity.

The HPO provides for three separate local landmark programs: individual designation on the Local Register, inclusion within a Local Register District and the Heritage Property program. The HPO provides legislative mechanisms to protect certain cultural resources, including:

• Heritage Properties, defined as a resource which is worthy of preservation because of its historical, architectural or aesthetic merit but which is not proposed for and is not designated as an Historic Resource under the HPO.

• Historic Resources, defined as any building, structure, object or site in existence generally more than 50 years which possesses integrity of location, design, setting, materials, workmanship, feeling and association, and is associated with historic events or with the lives of persons significant in Fresno’s past, or embodies the

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distinctive characteristics of a type, period or method of construction, or represents the work of a master or possesses high artistic values; or reflects, important information about prehistory or history, and has been designated by the Council to the Local Register as required by the HPO.

• Local Historic Districts, defined as resources related to one another in a clearly distinguishable way or any geographically definable area which possesses a significant concentration, linkage or continuity of sites, buildings, structures or objects united historically or aesthetically by plan or physical development. Contributors to Historic Districts are any building, structure, object or site that contributes to the significance of the specific Local Historic District. The Local Historic District must be significant as well as identifiable, and must meet the Local Register Criteria for listing on that Register including formal designation by the Council as required by the HPO.

• National Register Historic Districts is a local district that must be significant as well as identifiable and meet National Register Criteria for listing on that Register.

Unlike properties considered for the Local Register, there is no age, integrity or historic significance requirements for a Heritage Property. As with all landmark programs under the HPO, the owner of a Heritage Property may use the California Historical Building Code (CHBC), a more flexible way to meet health and safety standards. In addition to the CHBC, historic property owners may claim a federal tax credit for commercial properties placed in service prior to 1936 and may find some leniency under local zoning. The City participates in the Certified Local Government (CLG) Program administered by the California State Office of Historic Preservation. CLGs benefit from expedited review of some federally funded projects and may also apply for pass-through grants from the federal government. However, a CLG must also meet a variety of requirements to maintain this status, including a Historic Preservation ordinance, a citizen’s commission, an inventory of local historic properties, adequate public participation and compliance with CEQA.

Projects that comply with the Secretary of the Interior’s Standards may qualify for a categorical exemption under CEQA and a finding of no adverse effect under Section 106 of the National Historic Preservation Act. The use of these criteria and standards make environmental review faster, more efficient, and reduce costs and delays.

Development and Resource Management

The City’s Development and Resource Management Department (DARM) focuses on public and private property development throughout the city and prudent management of the city’s land and water resources, and public infrastructure. It manages both development and neighborhood services through downtown and neighborhood revitalization, long range land use planning, new development entitlements, building

permit issuance, building plan reviews, inspections, code enforcement, housing grant programs, and resource efficiency programs for residential and commercial properties.

Specific duties related to Plan implementation include, preparing zoning and subdivision ordinance amendments and design guidelines for Planning Commission review and City Council approval; reviewing development applications; and conducting investigations and making reports and recommendations on planning and land use, zoning, subdivisions, development plans and environmental controls. DARM also coordinates activities with numerous school districts and community college districts related to school and college sites. Finally, DARM has the primary responsibility for preparing the annual report on the Plan and conducting the five-year review. These reporting requirements are described in Chapter 1 of the Plan.

DARM also includes the Building and Safety Services Division, which is responsible for permit processing, plan review, and inspection services for public and private projects; the Community Revitalization Division which has a strategic and proactive focus on code enforcement and neighborhood revitalization services; the Parking Division, which focuses on parking facility management, vehicle code enforcement, citation management, and abatement of abandoned vehicles left on city streets; and the Housing and Community Revitalization Division, which administers housing grant programs and offers programs and services that provide affordable housing opportunities and directs implementation of the Housing Element of the Plan. DARM also administers the City's Historic Preservation Program. In collaboration with other departments, DARM facilitates development reviews to enhance investment and job creation in Fresno.

Public Works

The City’s Department of Public Works (DPW) is responsible for planning, design, and development of public infrastructure projects; traffic and transportation engineering, including bike lanes, paths and sidewalks; street maintenance; public parking; and engineering support to DARM for private development project and subdivision infrastructure review. DPW also handles the review of current development applications, subdivision maps, public improvement plans, encroachment permits, and development in the flood zone. In addition, DPW manages construction inspection for permits it issues and is responsible for the design and construction of the projects included in the CIP. DPW is presently managing the City’s Parks, After School, Recreation and Community Services (PARCS) Department's landscape maintenance efforts.

Parks, After School, Recreation and Community Services (PARCS)

The City’s Parks, After School, Recreation and Community Services (PARCS) Department offers numerous parks, including regional parks, neighborhood parks,

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action sports facilities, play structures and golf courses. PARCS owns and maintains many community and neighborhood centers that are open to the public and offer various programs for all ages. In addition, PARCS offers several trails for the community to enjoy.

The PARCS maintenance program also aims to rehabilitate, through various sources of funding and capital improvements, at least one park per year. Development of new parks is also a priority. In Fiscal Year 2014 construction began on Martin Ray Reily Park. There are plans to begin construction in the immediate future on Inspiration Park, which will accommodate the needs of the disabled community and is the only one of its kind in the Central Valley.

Fresno Area Express

Through the California Department of Transportation, the City offers public transit with the Fresno Area Express (FAX) bus services and Handy Ride Paratransit Service. FAX provides 16 fixed-route bus lines and Handy Ride offers a demand-response service for people with disabilities. FAX is the largest mass public transportation provider in the San Joaquin Valley. In 2016, the City's Bus Rapid Transit (BRT) is expected to implement “Phase I” service to provide improved service reliability and travel time along two corridors (Blackstone Avenue and Ventura Avenue/Kings Canyon Road) along with enhanced bus service along Shaw Avenue.

Airports

The City's Airports Department is responsible for the safe, secure, and efficient operation of Fresno Yosemite International Airport (FYI) and Fresno Chandler Executive Airport (FCH). This includes compliance with federal, State and local regulations, managing and growing business relationships, planning and implementing CIPs to keep the both airports infrastructure viable into the future, marketing the airports, and maintaining and developing air service at FYI.

Public Utilities

The City's Department of Public Utilities (DPU) provides water, wastewater, and solid waste services within the city limits and a few other select locations. The DPU - Water Division manages and operates the City's Fresno's water system. It delivers drinking water to urban residential, commercial, and industrial customers in the city and many of the County Islands, and it plans long-range water supply. The DPU - Wastewater Management Division is responsible for the operation and administration of the Fresno-Clovis Regional Wastewater Reclamation Facility, sanitary sewer lines, and provides recycled treated wastewater for irrigation. The DPU - Solid Waste and Recycling Division collects residential solid waste, recyclables, and greenwaste. Specific

implementing responsibilities are established in the Mobility and Transportation, Public Facilities and Services, Resource Conservation and Resilience, and Noise and Safety elements of the Plan.

Other Utilities

The County of Fresno handles hazardous waste disposal and operates the regional landfill. The Fresno Metropolitan Flood Control District provides flood control and urban storm water services to the city. PG&E provides power services through electricity and natural gas to homes, business, and industry.

Police and Fire Departments

Within the City, responsibility for public safety is assigned to the City's Police and Fire Departments. The Police Department is responsible for preventing crime and maintaining law and order, while the Fire Department is responsible for fighting urban and wildland fires, as well as emergency response and rescue. Both departments coordinate with the County and State on mutual aid. Specific implementing responsibilities under the Plan are established in the Public Utilities and Services Element.

Other Commissions, Committees, Councils, Counties, and Partnering Agencies

The City has a number of standing commissions and advisory committees, and appoints City representatives to several non-municipal governing boards, which may assist in the Plan implementation endeavors as directed or requested by the Administration and the Council. These currently include:

• Bicycle and Pedestrian Advisory Committee
• Disability Advisory Commission
• Downtown Neighborhoods Community Advisory Committee
• Fulton Corridor Specific Plan Community Advisory Committee
• Fulton/Lowell Design Review and Specific Plan Implementation Committee
• Housing and Community Development Commission
• Mayor's Industrial Council
• Tower District Design Review and Specific Plan Implementation Committee
• Utility Advisory Committee

Partnering Agencies include:

• Fresno County Economic Opportunities Commission
• Fresno County Transportation Authority
• Fresno Housing Authority
• Fresno Madera Area Agency On Aging Board
• Fresno Metropolitan Flood Control District
• Fresno Mosquito Abatement District
• Fresno Regional Workforce Investment Board
• San Joaquin River Conservancy
• San Joaquin Valley Air Pollution Control District
• Transit Rate And Services Committee
• Transit Security Advisory Committee
• Fresno Irrigation District
• Fresno County Local Agency Formation Commission
• Fresno County Council of Governments
• Fresno County
• Madera County
• City of Clovis
• City of Sanger
• California State University, Fresno
• State Center Community College District
• Fresno Unified School District
• Clovis Unified School District
• Central Unified School District
• Sanger Unified School District
• Washington Union Unified School District

The Plan does not envision any substantive change in the responsibilities assigned to these commissions, committees, councils, counties and partnering agencies except to the extent that new policies and programs may expand the scope of discussion relative to their assigned responsibilities.

Transition for “Redevelopment” Programs

During the preparation of this Plan, the State of California passed legislation that terminated the existence of Redevelopment Agencies (RDAs) throughout the State. Fresno’s RDA worked to redevelop blighted land, rehabilitate structures, and build infrastructure within its six designated project areas and to develop affordable housing. The RDA previously played a major role in the implementation of the General Plan, but with the end of the City’s RDA program, the Successor Agency to the Redevelopment Agency of the City of Fresno will take a more limited role in financing the Plan’s implementation and will be supplemented with other efforts. The City’s Infill Development Act and the Mayor’s Fresno General Plan Implementation and Infill Finance Task Force, both discussed below, recommended a number of initiatives and incentives to implement major components of the Plan. A number of these recommendations have been integrated into the Plan and the Code. The purpose will continue to be focused on the removal of blight and encouraging reinvestment in Fresno.

12.3 INFILL INITIATIVES

Two important initiatives by the City informed development of this element: the Infill Development Act championed by Councilmember Brand and adopted by the City Council on November 1, 2012, and Mayor Swearengin’s Fresno General Plan Implementation and Infill Finance Task Force formed in 2013. Understanding them provides background information for the specific implementation roles and responsibilities of those involved and the summary of implementation actions, which follows.

Infill Development Act

The Council passed the Infill Development Act (Act) on November 1, 2012. Recognizing the inherent design, policy, and cost challenges to developing infill properties, the Act was intended to begin finding creative solutions and incentives to implement a successful infill development program across the city. The Act created an Ad Hoc Council Subcommittee on Infill Development to improve the business climate in the City and improve the City’s relationship with the private sector. That work has been incorporated into the Business Friendly Fresno initiative convened by the Mayor and Council. In addition, the Subcommittee examined other incentives and policy recommendations to promote infill development in Fresno, including financial incentives, infrastructure incentives, and regulatory incentives, among others. The Act also called on the Mayor to convene a task force specifically focused on addressing the funding gap associated with infill and rehabilitation projects within established neighborhoods throughout the city. Recommendations from the Infill Finance Task Force are summarized below. The policy recommendations from the Infill Finance Task Force

Force and Ad Hoc Council Subcommittee are integrated into the Plan, the Code, and assessed by the General Plan Master Environmental Impact Report (MEIR).

BUILD Act

The passage of the BUILD Act (Best Utilization of Infill Lot Development) of June 2013 represented a creative and practical approach toward addressing the problem of incentivizing infill development in the City of Fresno by waiving fees on properties in core neighborhoods where there would be no impact to major streets, streetlights, parks, police and fire.

The Act’s goal is to make infill development more financially attractive to developers who are considering building in the urban core. Moving forward, the BUILD Act should be promoted and considered a model as city staff consider future incentives to infill development.

Fresno General Plan Implementation and Infill Finance Task Force

The Mayor of Fresno created the Fresno General Plan Implementation and Infill Finance Task Force (Task Force) with support from the White House’s Strong Cities, Strong Communities (SC2) initiative, the U.S. Environmental Protection Agency’s Office of Smart Growth, and Governor Brown’s Office of Planning and Research. The Mayor and the Governor’s Office of Planning and Research jointly convened the Task Force, which included many of California’s leading development, finance, legal, and policy experts to participate on the Task Force in 2013. In addition, the Task Force included local public and private developers, as well as Councilmembers Steve Brandau and Paul Caprioligio.

Recognizing the current challenges associated with infill development, the Task Force was charged with identifying specific strategies to support infill development in the City. The group began its work by evaluating the different types of neighborhoods and commercial districts that exist in the established parts of the city and quickly assessed that, depending on the type, age, and location of the neighborhood or commercial area, different strategies would be needed to support reinvestment in different parts of the city. In other words, while there are some overarching recommendations for all of Fresno’s established neighborhoods, the Task Force recommended different strategies based on three different priority areas which are depicted in Figure IM-1: Priority Areas for Development Incentives and include:

• Established Neighborhoods Generally South of Herndon Avenue. Included within this broad area are neighborhoods that are the most distressed in the city and among the most distressed in the nation. These areas need catalytic reinvestment. There are other neighborhoods in this area that are not currently distressed, but do need strategic investments now in order to prevent decline. Finally, some

neighborhoods in this area are perfectly healthy today, but may be surrounded by neighborhoods that are starting to decline.

• BRT Corridors. The Task Force recognized the importance of the Bus Rapid Transit investment and its potential to, over time, support mixed-use, transit-oriented development along its corridors. The BRT priority corridors include the first phase along Blackstone Avenue and Ventura Avenue/Kings Canyon Road, and the second phase along Shaw Avenue and California Avenue.

• Downtown Planning Area. The Downtown Planning Area includes the Central Business District, Civic Center and other Downtown Centers, Chinatown, South Stadium/South Van Ness, and Downtown neighborhoods and special districts. Together, these districts form the civic and cultural heart of the City. BRT and enhanced transit will connect established neighborhoods generally south of Herndon Avenue to a functioning, vibrant Downtown.

The Task Force identified the major barriers to infill and revitalization that the Plan implementation strategy should seek to address and made a number of specific recommendations, many of which are integrated into the fiscal management strategies presented in the Economic Development and Fiscal Sustainability Element. The greatest barrier is the dilemma that infill development and/or adaptive reuse of historic buildings can cost too much relative to the return on those investments from rental, leased, or sale income. As a result, lending institutions often view development in established neighborhoods as a higher risk proposition than greenfield sites in more affluent suburbs and are unwilling to provide traditional financing for the projects. As traditional financing has flowed almost exclusively in the Fresno Area for decades to greenfield development, the market for projects in established neighborhoods is further undermined, creating a vicious cycle that is difficult to break. Redevelopment funds historically could be used to address the “risk gap” associated with development in established neighborhoods, but that is no longer an available tool in the State of California. And, given the City’s fragile financial position, public sector financial capacity to address the “risk gap” does not exist.

An additional barrier cited by developers is the cost of infrastructure improvements that are required to support development in established neighborhoods. The older the neighborhood is, the older its infrastructure. For developers to invest, either in substantial rehabilitation of existing buildings or in new construction on underutilized or vacant land in established neighborhoods, they have to absorb the cost of replacing the aging infrastructure. Given the overall weakness of the Fresno economy, that additional cost can make infill and rehabilitation unaffordable for investors.

The Task Force also identified as a barrier the lack of experience among local developers in navigating available subsidy programs for infill and revitalization projects.

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There are some financing tools that are available in California, but the local development community and City staff are largely inexperienced in working with these programs. They are complex and onerous, but can be mastered as they have been in other markets in California. While it may not be desirable in the medium and long-term to rely on these types of financing tools for redevelopment and reinvestment in Fresno’s established neighborhoods, in the short-term, these tools can be of use in addressing the financing “risk gap.” Improving the technical capacity of the local development community and City staff is an achievable goal that is included in the Task Force’s recommendations.

Lastly, the Task Force cautioned against spreading energy and resources too thinly across the City and instead called for focusing on smaller geographic areas in order to leverage private investment. The following points summarize the Task Force’s recommendations:

• Identify all potential funding mechanisms to replace infrastructure in established neighborhoods and improve service levels. New development alone cannot absorb the cost of replacing infrastructure that today serves existing residents and neighborhoods. While new development must pay for its portion of any “up-sizing” required to support increased densities and infrastructure requirements, there must also be sources of public financing of infrastructure to absorb the cost attributed to replacements and repairs that would be needed to serve existing residents. Examples include community facilities districts (Mello-Roos districts), infrastructure financing districts, and State and federal grants. Other cities in California have also leveraged naming rights of parks and other public amenities to generate a revenue stream that can be applied to public improvements. In addition, the Task Force identified ways in which the City could better position itself as a strong investment relative to municipal credit bond market. Doing so would help strengthen the City’s ability to borrow money to pay for public infrastructure, and could also reinforce the strength of the “Fresno brand” to other lending institutions needed to finance private development projects.

• Close Funding Gap for Development. The Task Force recommended the following as strategies needed to address the risk gap for early infill and revitalization projects. Over time and if projects are successful, this will become less of an issue as the market is proven and becomes viable for traditional financing.

  • State Loan Guarantee Program – The City should join similar cities in California and petition the Governor and the legislature to create a loan guarantee program for reinvestment in low income, environmentally challenged areas of the state. Such a program would generate virtually no risk to the State’s finances but would make infill markets viable within inland parts of California.

• Modify the City’s Impact Fee Program – Today, the City’s impact fee program is based on building public facilities that are unrealistic in today’s fiscal climate. The impact fee program should be re-evaluated with a realistic plan for needed public facilities. It should also take into consideration that rehabilitation and infill projects within established neighborhoods already have infrastructure in place and, therefore, should not have to “pay twice” for infrastructure that already exists. Modifying the impact fee program in such a manner would likely result in low to no-cost impact fees for development in infill areas, which would help address the funding gap.

• Property Tax Abatement or Rebate – The Task Force recommended putting an incentive in place for property owners to improve their properties in neighborhoods generally south of Herndon Avenue. For the program to serve as a meaningful incentive, State legislation would likely be required although the City could use federal housing grant funds or other local sources of funds to at least create an incentive program in the short term.

• Developer Technical Assistance/“Concierge” – The City could retain an expert in community development finance with knowledge of the various State and federal assistance programs available to support infill development to help walk developers through the options.

• Streamlined Development Review Process – Expediting and streamlining the development review process helps to reduce uncertainty for developers, which can lower their costs. The intent of the forthcoming Downtown Development Code and various land use plans is to make more projects permissible “by right” if they conform to the plan in order to streamline the development process.

• Crowdfunding – “Crowdfunding” is quickly becoming a common way to bring together interested citizens and investors to help address the risk gap. Fundrise.com is one such example and has been used to complete several redevelopment projects in major U.S. cities. Peeve’s, a local public house and restaurant on Fulton Mall, secured the funding it needed to expand its public market through the crowdfunding site Kickstarter.com.

• Share the Risk & Reward through Partnerships. Residents, major employers such as hospitals, institutions such as colleges, and utility companies all benefit from the economic, environmental, and social benefits brought by infill development. Engaging these institutions on Downtown revitalization, for example, is a key to improving the city. Such collaborations have been extremely successful in cities across the U.S. They are a true win-win.

• Change Perceptions. Strengthening public perceptions of Fresno as a good investment choice can also help foster infill development in untested or marginal areas. Recent residential projects in the Downtown Planning Area have done well, but they still required a subsidy in order to cover development costs. In order to

realize the goals of this Plan, the City must continue to change perception of the Downtown and other infill areas so that they are viewed as safe, vibrant, and enriching places to live. Promoting the positive improvements that are taking place in neighborhood schools is a critical component to changing perceptions about Fresno’s established neighborhoods, as is improving the aesthetic quality of these neighborhoods, and forming property owner associations that can put on events and positively “brand” their neighborhoods.

12.4 IMPLEMENTATION IN THE PUBLIC REALM

Various public sector entities will play an important role in implementing the Plan by shaping the public realm through the funding, building, and regulating of infrastructure and development projects. The CIP includes a list of public works projects that the City intends to design and construct in coming years. Creating a long-term CIP for City-sponsored projects is a new requirement of this Plan under Policy RC-1-b in the Resource Conservation and Resiliency Element. Under the Charter and this Plan, the City Council through the budget process will review the CIP to determine whether funding for improvements and services will implement the Plan. Specifically, the Plan policies in Chapters 6 and 7 anticipate that the Council will review funding for all City-funded improvements and public services, particularly projects in the CIP requiring any of the following Council actions:

• Acquisition of land for public purposes;
• Disposition of land;
• Street vacations; and
• Authorization or construction of public buildings or structures.

The City Council also has the authority to comment on CIPs prepared by school districts, community college districts, and utility providers. These CIPs, and any annual revision proposed to them, are to be forwarded to the City at least 60 days prior to adoption for the City’s review for consistency with the Plan.

Infrastructure Priorities And Phasing

Infrastructure and revenue allocation priorities for the Plan implementation will be established in consultation with City departments, guided by policies found in multiple locations in this Plan, as well as take into consideration recommendations from the Fresno General Plan Implementation and Infill Finance Task Force. These latter recommendations will be periodically updated by the DPU and DPW.

The phasing of future infrastructure projects will be determined by the policies in this Plan in consultation with the relevant City departments and determined by the amount of funding available from federal, State, local, and private sources. Priority will be given to serving established neighborhoods, including established neighborhoods generally south of Herndon Avenue (as shown in Figure IM-1: Priority Areas for Development Incentives), along BRT and enhanced transit corridors, and in the Downtown Planning Area, consistent with the Plan policies. Most desirable, from a fiscal perspective are projects that are revenue-producing, meaning they would create positive impacts on the City’s property tax base and the City’s retail base or otherwise generated needed revenues that could flow to the General Fund.

Public Works Standards

Following adoption of the Plan, the Public Works Standards and the subdivisions regulations for the City will be updated to be in conformance with the Plan and the Development Code, when adopted. Public Works design and improvement standards apply to all subdivisions in the city and will be imposed on a subdivider as a condition of approval of a tentative map or parcel map. Exceptions to design standards may be approved if the City finds that an alternative design substantially conforms to the intent of the standards of this chapter and to the Plan.

Updated standards in the Code will address:

• Block dimensions: maximum length and width;
• Lot sizes and provisions for a diversity of lot sizes in subdivisions;
• Major utility easements for major utilities, such as high-tension lines and utility trunk lines, to ensure they are incorporated into subdivisions as open space or recreation use and connect with a regional trail system;
• A continuous street system, so that new streets, alleys, bicycle facilities, and pedestrian ways connect to other streets, alleys, bicycle facilities, and pedestrian ways to form a continuous vehicular, bicycle, and pedestrian network;
• Urban tree canopy, with street trees spaced to provide continuous shade for pedestrians;
• Sidewalks, which must be constructed to City standards on both sides of the street or be consistent with an approved pedestrian access plan on qualifying subdivisions involving private streets;
• Parks and playgrounds which are generally centrally-located in new neighborhoods will abut public streets for improved access; and
• Detention basins, which can be designed for multiple uses and treated as an amenity in new neighborhoods.

12.5 IMPLEMENTATION BY THE PRIVATE SECTOR

The private sector will be instrumental in implementing the Plan in the private realm, which will be overseen by the City’s regulations. To this end, the City will use a variety of regulatory mechanisms and administrative procedures to implement the Plan. Overall legislative responsibility for the Plan implementation is vested in the City Council, which by ordinance has delegated certain responsibilities to the Planning Commission, the DARM Director and other City departments (e.g. the DPU, the DPW, the Police Department and the Fire Department). The Plan calls for the revision and adoption of a new Development Code to ensure that the Plan policies will be implemented and that environmental resources earmarked for protection in the Plan will be preserved. Other regulatory mechanisms, including subdivision standards and processes, building and housing codes, CIP, and environmental review procedures, also will be used to implement Plan policies.

Zoning Regulations In The Development Code

After adoption of the General Plan, the City's Development Code (Code) will be structured to translate plan policies into specific use regulations, development standards, design standards, and performance criteria that will govern development on individual properties and development sites. The Code will also include regulations for landscaping, on-site parking and loading, signs, antennas and wireless communications facilities, and affordable housing density bonus provisions, among other regulations.¹ The Plan establishes the policy and implementation framework, while the Code prescribes standards, rules and procedures for development along with criteria and findings required for acting on project applications. The Zoning Map (the “Official Zone Map”) will provide more detail than the Figure LU-1: Land Use Diagram, consistent with this Plan.

The Plan calls for several new zoning districts. Regulations for these districts will be established as part of the comprehensive zoning update following the Plan update. The use regulations and development standards for existing zoning districts will undergo amendments to conform to Plan policies. Density and intensity limits, consistent with the Plan's land use classifications, will also be updated. For purposes of evaluating Plan consistency, the density of proposed projects will be rounded up or down to the nearest whole number, as appropriate.

The City will bring the Code into conformance with the Plan within a reasonable period of time. The City will take steps to ensure projects are consistent with the General Plan, which may include an interim zoning ordinance or other actions as appropriate. In the future, if the Plan is subsequently amended, the Code and Zoning Map may also need to be amended to maintain consistency between the documents.

Finally, the goals, objectives, and policies of this Plan are long-term in nature. As part of Plan implementation, future refinement and updates of the Code may be needed to translate those long-term objectives and policies into regulations and standards, supported by appropriate permitting procedures, in order to address emerging needs and conditions and gradually fulfill the policy direction of the Plan. Timing of these refinements will be guided by the various stages of implementation, the City's accomplishments and budgetary resources, and the sequencing of development concepts, which are in this chapter, updated as may be appropriate, as contemplated within the planning horizon of the Plan.

Consistency Between the General Plan and Development Code

As mentioned above, the City will implement many General Plan policies through the Code. To realize the City's land use, housing, and open space policies zoning designations will be amended. A fundamental link between the Plan and zoning is land use/zoning consistency. Table 12-1 shows how the updated zoning districts in Fresno are consistent with the land use designations of this Plan. This will facilitate administration and ensure a closer link with Plan policies because new zones will mirror classifications on the Land Use Diagram. Planned development still will be permitted, but with a flexible process that will be "findings-driven" and have specific criteria for approval.

Subdivision Regulations

No subdivision of land may be approved under California law and the City's subdivision regulations unless its design and proposed improvements are found to be consistent with the Plan, including the open space plan. Dedication of land for park facilities will be required for subdivisions above a certain size, consistent with the policies and standards prescribed by the Plan and the subdivision regulations. The subdivision regulations also can require dedication of land for elementary schools, riparian habitat and reservation of land for fire stations, libraries, bike paths, transit facilities, and other public facilities.

After adoption of the Plan, the City's subdivision regulations will be amended to conform to Plan policies. Subdivision approval will continue to require findings of consistency with the Plan as a condition of approving parcel maps and tentative maps. Reservation requirements for bus turnout facilities and bike and pedestrian facilities also will be included to carry out Plan policies for appropriate projects. The subdivision

ordinance will require connections between new streets and existing streets and will ensure that adequate public rights-of-way are provided, consistent with the policies for transportation and mobility facilities of this Plan and City standards. Facilitating use of solar energy with appropriate lot layouts and roof orientations to maximize efficiency of collector systems and provision of solar access easements will also be addressed.

Building and Housing Codes

Under California law (Government Code Section 65567) no building permit may be issued, no subdivision map approved, and no open-space zoning ordinance adopted, unless the proposed construction, subdivision or ordinance is consistent with local open-space plan. This plan is the Parks, Open Space, and Schools Element of the General Plan.

To provide an administrative mechanism to ensure consistency with the Plan, the City will establish a requirement for zoning permits or other forms of zoning clearance before building and grading permits are issued. The City does not currently have this specific type of clearance.

Energy Conservation

The Code will establish standards and regulations, supported by guidelines and administrative review procedures for subdivision design to provide for passive or natural heating or cooling opportunities and for other measures that conserve nonrenewable energy resources, consistent with the Plan. Design measures to accomplish these objectives may include, but are not limited to, the arranging of streets, lots, buildings and landscaping. The purpose of such design measures will be to provide solar access for active solar water and space heating systems and passive space heating, minimize solar heat gain in the summer, and take advantage of prevailing breezes. These measures will be crafted so that there will not be an impact on the maximum allowable density otherwise allowed.

At such time as the City has adopted solar access standards, and when required as a condition for approval of a tentative map, the Code will require subdividers to dedicate or make an irrevocable offer of dedication of easements for the purpose of assuring that each parcel or unit in the subdivision for which approval is sought has the ability to receive sunlight across adjacent parcels or units in the subdivision for any solar energy system. The dimensions and locations of such easements will need to be consistent with any standards for solar access adopted by the City Council.

Permit Streamlining

The State’s Permit Streamlining Act, enacted in 1977, was intended to expedite the processing of permits for development projects by setting various time limits within which government agencies must either approve or disapprove permits. The City of Fresno has followed and will continue to follow the regulations in the Permit Streamlining Act. DARM will coordinate zoning, environmental review, and any other development review procedures to ensure compliance with the Permit Streamlining Act requirements.

In October 2013, the Mayor commissioned an external Task Force and an internal Action Team to provide recommendations to ensure that development was streamlined and processes clarified. This lead to the creation of the Development Review Committee (DRC), launched in January 2014, managed from within DARM, and includes representatives from all City departments that provide input on development projects within the city. The DRC serves as the single point of contact to customers with the goal of offering a friendly and welcoming atmosphere thus setting the tone for positive and productive future interactions.

Fee Policies, Reductions, And Exemptions

The City Council and Mayor will continue to work with relevant directors of City departments and stakeholders to establish and implement an impact fee program that is based on (1) realistic public infrastructure requirements given the current fiscal climate and (2) a recognition that public infrastructure already exists in infill project areas. As a result, projects completed within established neighborhoods should have lower infrastructure requirements and fee reductions or exemptions. The new impact fee program will need to define which projects qualify for lower fees and/or exemptions, based on the types and locations of projects and other criteria. Finally, the expectation of this Plan is that the Council will establish a ministerial process for receiving the fee reductions or exemptions to facilitate infill development; this will be a detailed and firmly established program with “by right” provisions for automatic reductions with minimal oversight, and discretionary review would be preferable to a case-by-case approval process and consistent with the principles of fiscal sustainability presented in the Economic Development and Fiscal Sustainability Element.

Code Enforcement

The Code will include provisions for the enforcement of the Code’s land use regulations, development standards and other provisions and the Plan. The various departments, officials, and public employees of the City will enforce the requirements of the Code to ensure that all issued permits and licenses conform to the provisions of the Code and implement the Plan. The DARM Director or his/her designee will enforce

all provisions of the Development Code related to the construction, conversion, alteration, addition of any building or structure and regarding all uses in the city.

12.6 DEFINING AND SUPPORTING INFILL

The City will remove regulatory obstacles to infill development, by first adopting the Code with a streamlined permitting and approval process; by-right standards; reduced parking requirements; and streamlined CEQA review, using existing legislative authority. It will also adopt an adaptive reuse and historic preservation program with enabling provisions in the Code. The City Council may enter into Development Agreements for individual projects on a case-by-case basis, under provisions of applicable law, which can advance infill development.

The City also can establish Community Facilities Districts (CFDs) in geographically defined areas, with the consent of two-thirds of the proposed district’s voters. Once the CFD’s are approved, the City can directly issue bonds to pay for building facilities that are then repaid through an increment on top of the baseline property taxes paid by property owners in the CFD. By contrast, maintenance districts are typically self-financed through tax revenue, and do not involve bonds. Similarly, the City can create an Infrastructure Financing District (IFD), in which increased property values are used to pay back bonds, rather than through an addition to the baseline property tax. Neither of these options are currently used for infill developments.

Non-profits and other agencies also can issue a bond, in which case the developer is responsible for obtaining the bond directly from those agencies. The proceeds are then used to provide a financing mechanism to build the infrastructure; the City does not administer the bond where it is not the issuer.

Under this Plan, the City will retain the option to issue a bond for a “build” (and maintenance) CFD, if necessary, but the Council has no current plans to do so. The City may seek approval of a “shelf registration” for financing multiple CFDs and IFDs. The City’s name and “brand” can be used to invite financial institutions to bid on master financing programs for key projects. In addition, the City can raise revenue for infrastructure projects by selling advertising space and naming rights to major facilities, such as its BRT system.

The City also anticipates completing and adopting the Downtown Neighborhoods Community Plan and, assuming the State program for the High-Speed Train system proceeds, a station area master plan to further support infill development in the Downtown. Additionally, forming partnerships with public, private, and non-profit entities will advance infill development as these institutions expand and develop infill sites to meet facility and housing needs as they grow.

Chapter 12: Implementation

Lastly, as noted by the Fresno General Plan Implementation and Infill Development Task Force, the City can play a very important role in shifting the perception of the Downtown Planning Area and other infill areas so they become attractive places for investors. These established neighborhoods need to be viewed as safe and vibrant places in order to attract market rents and sale prices that can support the cost of development. Neighborhood branding can greatly assist the effort to change the perception of different areas in the city. Through efforts like the Downtown Fresno Partnership or a similar association with civic leaders, the City will support improvements that help change perceptions of the neighborhood. These strategies will include promoting safety, removing litter, improving the landscaping, recruiting businesses, supporting maintenance and marketing, and organizing and promoting Downtown events. The creation of local “community development corporations,” which may be formed with guidance and resources available from State and federal job training and economic development programs. The California Community Economic Development Association can also assist in these efforts in neighborhoods across Fresno.

Priority Investment in Established Neighborhoods

The Plan focuses a reasonable proportion of future development within the city’s existing footprint to fulfill the Plan policy that roughly half of development through the year 2035 occurs in infill locations. This Plan policy is not expected to be fulfilled in a linear or “one-to-one” pattern and may progress in an uneven pattern due to market forces and the timing of incentives. However, the City expects to make steady progress toward all the goals and objectives, and fulfillment of this Plan policy is expected to occur at or near the close of General Plan Horizon in 2035. To support investment and infill development, the City will establish a priority development program for eligible properties, using “infill development,” as defined in the Glossary, to facilitate implementation of this Plan and gain the benefits of permit streamlining and other incentives that State law provides for qualifying infill development.

Substantial rehabilitation, as defined by the California Building Code, and new construction within the city limits that is consistent with Public Resources Code 21061.3 can qualify as infill development. Development outside the city limits or in areas of the city that are less than 10 years old will be considered “new development.”

While infill development will help achieve the overall goals of the Plan, the City will prioritize specific areas within the city limits for incentives and other benefits to

accelerate reinvestment and rehabilitation. The following priority areas are identified in Figure IM-1: Priority Areas for Development Incentives.¹

• “Infill Opportunity Zones” (IOZs) – Established Neighborhoods Generally South of Herndon Avenue, including many of Fresno’s established neighborhoods, which are in need of both large, catalytic reinvestment projects, as well as smaller-scale strategic interventions;
• BRT Corridors, including the Phase 1 corridors along Blackstone Avenue and Ventura Avenue/Kings Canyon Road and the Phase 2 corridors along Shaw Avenue and California Avenue;
• Downtown Planning Area, which includes the Central Business District, Civic Center and other Downtown centers, Chinatown, South Stadium/South Van Ness, Downtown neighborhoods and special districts; and
• South Industrial Area, including much of Fresno’s established heavy industrial uses, which may need infrastructure investment to meet the needs of major job-creation industry sectors, as well as improvements to enhance current business operations.

The City will implement a number of strategies to support investment in these priority areas.

Strategic Sequencing of Development

Following the adoption of the Plan, the City will focus on infill development as well as new development within Growth Area 1 based on planned infrastructure expansion, public service capacity, and fiscal considerations. The boundaries of these areas are shown in Figure I-3: Residential Capacity Allocation as Development Areas 1 North, 1 South, 2 North, and 2 South and depicted in IM-2: Sequencing of Development as Growth Area 1.

Growth Area 2 needs critical infrastructure improvements, and the City does not anticipate that funding for this area can be committed in the near-term. Due to these limitations, the City will need to establish a method to monitor investment within infill areas and Growth Area 1 prior to approving development in areas subject to the restrictions enumerated in the City/County Memorandum of Understanding (MOU). As part of upcoming negotiations with the County for an updated MOU, the City will explore options to create a plan that allows for student-serving uses, such as housing

Chapter 12: Implementation

and related commercial uses, to be developed in conjunction with the new State Center Community College District Southeast campus.

The recommendations for annexations into the City will comply with the MOU. Whatever method is ultimately adopted, the City should implement an easy-to-track, objective, transparent measurement that can be used to determine the appropriate timing for allowing development in areas subject to the restrictions enumerated in the MOU for new growth. The City will use strategic phasing to achieve the overall goals of the plan, as opposed to annual limits of some sort that place unrealistic controls on the local market.

Figure IM-1: Priority Areas for Development Incentives

Downtown Planning Area

Phase 1 Bus Rapid Transit Corridors (BRT) Blackstone BRT Corridor Ventura Kings Canyon BRT Corridor

Phase 2 Bus Rapid Transit Corridors (BRT) Shaw BRT Corridor California BRT Corridor

South Industrial Priority Area South Industrial Priority Area

Infill Opportunity Zones (IOZ) IOZ

---- Planning Area Sphere of Influence City Limits

⬚ figure

Source: City of Fresno, 2014.

Figure IM-2: Sequencing of Development

Growth Areas*

[ ] Inside City Limits [ ] Growth Area 1 [ ] Growth Area 2 [ ] County Islands

• • • • Planning Area _____ Sphere of Influence ....... City Limits

*County Islands are considered to be inside City Limits in reference to sequencing of development.

⬚ figure

Source: City of Fresno, 2014.

Growth Areas

While roughly one half of the city's development will be within infill areas through 2035, the other half or so of the city's development will be in growth areas, which include unincorporated land planned for urban use. There will be no incentives or public financial assistance programs for new development that would not otherwise qualify for aid in these areas, and development projects in the growth areas will be obligated to pay their fair and proportional payment of fees and all development mitigation costs. Public and private development in these growth areas will proceed under the supportive sequencing detailed above.

12.7 SUMMARY OF IMPLEMENTATION ACTIONS

The following table summarizes implementation actions that will be undertaken to carry out the policies proposed in each element of the Plan except the adopted Housing Element, which already has implementation actions to implement Plan policies. The Housing Element implementation actions will be regularly updated and revised as required by State law.

The first column in each table lists the implementation actions for each element, and the second column lists the policies for each element (by policy number) that will be enacted by the action. The third column names the parties involved in implementing the action, with responsibilities detailed in the FMC and in some of the Plan policies. Some of these entities are listed by acronym in the table, including the City Manager (CM), the City Attorney’s Office (CAO), the Development and Resource Management Department (DARM), the Department of Public Works (DPW), the Department of Public Utilities (DPU), the Fresno Area Express Department (FAX), and Parks, After School, Recreation, and Community Services (PARCS). The fourth column provides a timeframe for implementing the action, ranging from ongoing efforts to 1 – 20 years. The Annual Report on the Plan will provide an opportunity to update the timeframe, as budget and staffing resource constraints may dictate changes in the overall timeframe for the implementing actions. Finally, if the Plan policy is discretionary, the implementation action also is discretionary.

TABLE 12 2: SUMMARY OF IMPLEMENTATION ACTIONS FOR PLAN POLICIES

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