Action:  Review and approve, or approve with edits, the February 4, 2019 Fresno County Airport Land Use Commission Action Summary.

Summary:  Development Permit Application No. P18-02898 proposes the construction of a 65-foot high digital LED back-to-back billboard. The billboard dimensions will be 14-feet high by 48-feet wide. It would sit at the northwest edge of Zone 3: Inner Turning Zone of Fresno Air Terminal, adjacent to the Inner Approach/Departure Zone. Within this zone ALUC review is required for any proposed object taller than 35 feet AGL. Federal Aviation Administration review may be necessary for proposed objects adjacent to the runway edges.

As stated in the Fresno County ALUCP, 3.4.5, page 3-18 Other Flight Hazards:

New land uses that may cause visual, electronic, or increased bird strike hazards to aircraft in flight shall not be permitted within any airport’s influence area.  Specific characteristics of land use proposals to be evaluated include:

(a) Glare or distracting lights which could be mistaken for airport lights;

(b) Sources of dust, steam, or smoke which may impair pilot visibility;

(c) Sources of electrical interference with aircraft communications or navigation;

The criteria for limiting the height of structures, trees, and other objects in the vicinity of an airport shall be based upon 14 CFR Part 77, Subpart C, and applicable airport design standards published by the Federal Aviation Administration. Airspace plans depicting the critical areas for airspace protection are depicted in the ALUCP, Appendix D, Exhibit D3.

Section 3.4.6, page 3-19:  (d) Any project submitted to the ALUC for airport land use compatibility review for which FAA notification is required shall include a copy of the e CFR Part 77 notification to the Federal Aviation Administration and the FAA findings, if available.

The City of Fresno submitted a Part 77 review request for this project, but they have not received a response as of yet. They are aware that the height of the sign may be of issue. Staff and city staff are researching requirements for lighting, as one side of the sign faces the approach. 

Avigation Easement Dedication:  As a condition for development approval, the owner of any property proposed for development within Safety Zones: 1 (RPZ), 2 (IADZ), 3 (ITZ), 4 (OADZ), and 5 (SZ) shall be required to dedicate an avigation easement to the entity owning the affected airport.  The avigation easement shall: (a) Provide the right of flight in the airspace above the property; (b) Allow the generation of noise and other impacts associated with aircraft overflight; Compatibility Policies and Criteria 3-17 (c) Restrict the height of structures, trees, and other objects; (d) Permit access to the property for the removal or aeronautical marking of objects exceeding the established height limit; and (e) Prohibit electrical interference, glare, and other potential hazards to flight. The City of Fresno is aware that an avigation easement is required. 

The project is not within airport noise contours, but an Airport disclosure notice is required.

Action:  Approve a Finding of Consistency for Development Permit Application No. P18-02898, proposing the construction of a 65-foot high digital LED back-to-back billboard.

Summary:  Conditional Use Permit Application No. P18-02352 requests authorization to construct an 80-foot high unmanned wireless telecommunication facility (WTF) for co-location in a 625 square foot lease area. Specially located at 309 West Nielsen Avenue, it would sit on the south side of West Nielsen Avenue between North Fruit and North Thorne Avenues.

This address sits within Zone 6, Traffic Pattern Zone of Fresno Chandler Executive Airport. (Please see attached map) Within this zone, safety concerns for a structure of this type would include only Hazards to Flight. However, a "Determination of No Hazard to Air Navigation" was granted on April 12, 2018 and is attached for Commission review.

An Airport Disclosure Notice is required.

Action:  Approve a Finding of Consistency for Conditional Use Permit Application No. P18-02352 requests authorization to construct an 80-foot high unmanned wireless telecommunication facility.

Summary:  Conditional Use Permit Application No. P18-02742 for property located at 75 E Pinedale Avenue (APN:  30306210).  The proposed project is a new Verizon Wireless 80' tall mono-pine unmanned telecommunication wireless facility in a 25' x 25' lease area on a vacant parcel.

This project would sit in Zone 7: Precision Approach Zone.  Development conditions of this zone include the following:

No object shall have a height that would penetrate the airspace protection surface of the airport. Any object that penetrates one of these surfaces is, by FAA definition, considered an obstruction. A proposed object having a height that exceeds the airport's airspace protection surface shall be allowed only if, upon conclusion of the FAA's 7460 review process, the FAA determines that the object would not be a hazard to air navigation. Therefore, approval of a finding of consistency would have to be contingent upon the applicant receiving a "Determination of No Hazard to Air Navigation".

Action:  Approve a Finding of Consistency for Conditional Use Permit Application No. P18-02742.

Summary:  Conditional Use Permit Application No. P18-02439 is before the Airport Land Use Commission for review and comment because it is within the area of influence under the new Airport Land Use Compatibility Plan. The proposed project is a new 75' tall mono-pine unmanned telecommunication wireless facility in a 40' x 40' lease area on a vacant parcel located at 210 W. Napa Avenue.

This location sits within Zone 6, Traffic Pattern Zone of Fresno Chandler Executive Airport. (Please see attached map) Within this zone safety concerns for a structure of this type would include only Hazards to Flight. Therefore, approval of a finding of consistency would have to be contingent upon the applicant receiving a "Determination of No Hazard to Air Navigation".

An Airport Disclosure Notice is required.

Action:  Approve a Finding of Consistency for Conditional Use Permit Application No. P18-02439.

Summary: The City of Fresno, on behalf of Fancher Creek Properties, is proposing further development at the Fancher Creek Business Park located at 698 N. Laverne Ave in the City of Fresno.

Building: The developer plans to improve on ± 3.2 acres of fallow land by the addition of a new 1-story light industrial warehouse building of approximately  52,000 rentable square feet, a yard for truck bays and other site specific activities, as well as a parking area for around 70 automobiles.  The proposed maximum height of the warehouse is 34ft. The structure is intended to be occupied by users for the manufacture, sale, and distribution of goods and supplies including electrical supplies. Hazardous materials are not anticipated to be produced at this facility. Developers anticipate up to 20 users in the building during peak hours. The site will observe normal business hours 7 days a week. The expansion of the business park is located in proximity to other buildings of similar stature.

The site is located within Zone 6, the Traffic Pattern Zone (TPZ), of the Fresno Yosemite International Airport. Specific site location in the TPZ is shown in the safety zone map included in your packet. The ALUCP restrictions on density and open land for the TPZ are not expected to be an issue for this project. Open Space on the lot is projected to be around 65%, which meets the 10% minimum. Other prohibited land uses in the TPZ include outdoor stadiums or other high intensity uses, as well as hazards to flight.

Other Development Conditions Include:

• Airport disclosure notice
• Airspace review required for objects >100 feet tall

Noise contours - This project sits just outside the 60db CNEL contour of Fresno Yosemite International Airport and is therefore not subject to any special requirements related to the attenuation of aircraft noise per Table 3B of the ALUCP on page 3-12.

Further, staff notes that this project sits just off the approach and departure path for runways at Fresno Yosemite International Airport, with potential concerns relating to possible bird attractants at the site as a result of landscaping standards. The site specifications document provided for review state lighting shall be hooded and adhere to illumination standards that do not cause nuisance, which is satisfactory to staff.

Action: Staff recommends that the ALUC approves a Finding of Consistency for application P18-03894 for the expansion of the Fancher Creek Business Park.

Per PUC Section 21670(b), each ALUC shall consist of seven members. One of the positions is for a representative of the general public, and it is appointed by the other six ALUC members. Most recently commissioner Woody Gregory sat on the ALUC in that position, but has resigned. 

The remaining six members are being asked to select a new Public-At-Large ALUC Commissioner. The term of office is four years (PUC Section 21671.5(a)). All terms are to end on the first Monday in May. The terms of membership are staggered so that no more than two commissioner terms expire in the same year (see PUC Section 21671.5(a) for the exact procedure). Members serve at the pleasure of the body which appointed them and may be removed at any time without cause. Vacancies will be filled by the body that originally appointed that commissioner.  

As of the date of this agenda release, staff has not received any requests from the public-at-large for appointment consideration. However, the members may nominate and select a member at the March 4, 2019 meeting, or hold the position open until a candidate can be found.  

Reminder:  Each member of the ALUC shall appoint one proxy to represent him or her in commission affairs and to vote on all matters when the member is not in attendance. The proxy must be made in writing and kept on file with the ALUC. The proxy serves at the pleasure of the member who appointed him or her. A vacant proxy position shall be promptly filled (PUC Section 21670(d).