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

Summary:  This item was considered by the ALUC at the March 4, 2019 meeting. The Commission tabled the item with a request for more information regarding effects the billboard's lighting system may have on the safety of airplane approach and departures. Specifically, the Commission chair requested examples of other airports that have approved projects such as this in close proximity to safety zones. 

Project description:  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 project was previously issued a Finding of No Hazard on August 16, 2017, however, this finding expired on February 16, 2019, and a subsequent application was filed on February 25, 2019 (2019-AWP-1849-OE). A photometric study was prepared by the applicant. 

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:   Development Permit Application No. P19-00359 proposes the construction of a 86-foot high digital LED back-to-back billboard. The billboard dimensions will be 14-feet high by 48-feet wide. It would sit along the east edge of the North Zone 7 (Precision Approach Zone) of Fresno Air Terminal, near State Route 41 between East Alluvial and East Herndon Avenues. Within this zone ALUC review is required for any proposed object that has 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.

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.

A photometric study was prepared by the applicant. 

Action:  Approve a Finding of Consistency for Development Permit Application No. P19-00359 proposes the construction of a 86-foot high digital LED back-to-back billboard.

Summary: The City of Fresno, on behalf of Style-Line Construction Inc., is proposing the development of a parcel of land located at 3928 North Blattella Lane in the City of Fresno.

Building: The developer plans to improve on the ± 1.68 acres of property with the addition of a 24,873 square-foot general industrial shell-building. The property is located in the IL (Light Industrial) zoning district. The proposed maximum height of the warehouse is 34ft. The structure can be utilized by one to four tenants depending on final interior design. The site is anticipated to observe operating hours of 7:00 am to 7:00 pm Monday-Saturday. Project application notes that general site activity will follow its zoning designation of IL/cz, with heavy duty vehicles including large delivery trucks accessing the building through existing roadways and on-site paved areas for parking and circulation. 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. Developer also notes that no extreme noise, fumes, or glare will result from this proposal.

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 ALCUP 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 64%, 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 straddles the 70db CNEL contour of Fresno Yosemite International Airport. Per Table 3B of the ALUCP on page 3-12, only industrial uses are compatible with the land at this noise level. The proposed project fits within this category.

Further, staff notes that this project sits just north of the runways at Fresno Yosemite International Airport, with potential concerns relating to possible bird attractants at the site as a result of landscaping standards.

Action: Staff recommends that the ALUC approves a Finding of Consistency for application P19-00504 for the proposed General Industrial Building by Style-Line Construction and City of Fresno.

Summary:  The City of Fresno, on behalf of Pacific Gas & Electric, is seeking approval to construct an outdoor storage yard on the northwest corner of North Thorne and West Voorman Avenues.

Facility: This project would be an addition to an existing storage yard that is directly north of the proposed yard. The project seeks to construct an eight-foot-tall fence to enclose the proposed storage yard. This fence includes an 8’ high concrete fence along the West and South side of the property which will match the existing fence, as well the installation of a 7’ high wrought iron fence on the East side of the property which will match the existing fence. Project notes also indicate that a new entrance for the site will be installed at the north end of the cul-de-sac of Voorman Ave. Staff would like to note that no structures are proposed with the project.

The site is located within Zone 6, the Traffic Pattern Zone (TPZ), of the Fresno Chandler Executive 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 will remain at nearly 100%, 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 is located outside of the Chandler airport noise contours and is therefore not subject to any special conditions of site usage. Staff also notes that this project is zoned industrial.

Action: Staff recommends that the ALUC approves a Finding of Consistency for application P18-03579 for the proposed Storage Yard and Fencing by PG&E and City of Fresno.

Summary:  The proposed project, expansion of an existing apartment complex in northwest Fresno, calls for construction of 64 multi-family dwelling units situated on 3.73 acres. The existing development is located at 5034 W. Bullard Avenue, Fresno 93722. This expansion project would be located on the northeast corner of Bullard Avenue and Dante Avenue immediately West and adjacent to the existing development, within the Bullard Community Plan area.

Project construction will consist of eight multi-family buildings, carports and garages and the necessary landscaping and pedestrian entry at the main entry to the proposed development on Bullard Avenue with additional pedestrian access gates at Dante Avenue. The living units will range in size from 774 square feet (1-BR Unit) to 904 square feet (2-BR Unit), with a distribution of 1- and 2-bedroom units. There will be ample open space throughout the project. The project will be gated, and will feature the use of the existing entry gates located at Bullard Avenue. The architecture of the proposed buildings will match the design of the existing development, of which it will become a part.

Though the applicants project description states that "It is our opinion that the long term environmental effects relative to noise, air pollution, odors, waste by-products, and demand on infrastructure will not have a significant adverse impact on the adjacent neighboring properties, the neighborhood or the city as a whole." No environmental analysis was submitted for review by the ALUC. 

The proposed project sits within Zone 6-Traffic Pattern Zone of the Sierra Sky Park Airport’s Safety Zones. Project height is just over 29 inches at it's highest peak as shown in the attached elevations. The safety criteria for that zone as defined by the Fresno County Airport Land Use Commission’s (ALUC) Airport Land Use Compatibility Plan (ALUCP)includes the following three conditions, which should not be of concern:

• No limit on dwelling units per acre
• 10% Required Open Land around the project - Open land requirements are intended to be applied with respect to an entire zone.  This is typically accomplished as part of a community general plan or a specific plan, but may also apply to large (10 acres or more) development projects.
• Prohibited uses include: Hazards to flight and outdoor stadiums and similar uses with very high intensity uses

Other Development Conditions include the following items which also should not be of concern with this project:

• Airport disclosure notice required
• Airspace review required for objects >100 feet tall
• New structures are prohibited on existing terrain that penetrates 14 CFR Part 77 surfaces
• New structures require additional airspace analysis required within the 50-foot terrain penetration buffer

Action:  Staff recommends that the ALUC approve a Finding of Consistency for the Orchards II apartment expansion development project.