Action:  Review and approve, or approve with edits, the June 3, 2019 Fresno County Airport Land Use Commission Action Summary.

Summary: R.L. Davidson, Inc., on behalf of Fresno Housing Authority, is proposing the development of a parcel of land located at 130 W. Barstow Ave in the City of Fresno.

The Housing Authority is proposing to construct 42 units of affordable housing on ±2.77 acres of vacant land. These units will be available to families and individuals who are at or below 80% Area Median Income (AMI).  Included in the development are 6 two-story buildings of various sizes as well as a 4,000 square foot community building. There will also be approximately 59 parking stalls on the property. The property is located in a RM-1 (residential multi-family, medium-high density) zoning district as well as the Bullard Community Plan. The proposed maximum height of any of the structures is 40 feet. Site plan diagrams have been provided to the commission for visual reference. Staff notes that the Housing Authority is also seeking concessions from the City for both a reduction in allowable parking and allowable open space as it pertains to the City of Fresno’s affordable Housing development code.  

The site is located within Zone 7, the Precision Approach Zone (TPZ), of the Fresno Yosemite International Airport. Specific site location in the PAZ is shown in the safety zone map included in your packet. There are no restrictions on density, open land, or dwelling unit limit inside the PAZ. Other prohibited land uses in the PAZ includes just hazards to flight. No proposed activity on the site meets those restrictions. Project documents provided to the staff provided adequate language for both landscaping and lighting standards.

This proposed project does fall inside the 60db noise contour for Fresno Yosemite International Airport. Per Table 3B on page 3-12 of the Airport Land Use Compatibility Plan, the developer is subject to the conditions of sound insulating and granting an aviation easement to the airport operator. These conditions apply to all new residential uses inside the noise contours of all decibel levels.

Action: Staff recommends that the ALUC approves a Finding of Consistency for Barstow Commons Affordable Housing Project Proposal.

Summary: SAC Wireless, on behalf of Verizon Wireless, is proposing the installation of a new wireless facility at 6575 N. Santa Fe Ave in the City of Fresno.

SAC Wireless is requesting a consistency determination for the facility whose proposal is to install a 70 ft. monoline style wireless communication facility on a leased 30x30 foot portion of the parcel located near an intersection of Santa Fe Ave and W Palo Alto Ave. The facility will enhance and expand the Verizon Wireless network and improve communications services for customers in this area. It will also provide capacity relief for existing Verizon sites. According to project documents provided to the commission, the 70-foot tower will be constructed of steel using “stealth design” to disguise the tower as a tree.

While the facility itself will be unmanned, it is located in an area that includes both residential and commercial uses. The property is zoned CC (Commercial Community) and is located within the Bullard Community Plan and Sierra Specific Plan areas. Verizon anticipates a small impact on the use of the parcel, with only one to two trips per month from technicians after a 2-3 month construction period. The roughly 900 square foot leased area will be enclosed by a six- foot concrete wall to prevent unauthorized access, and have its equipment cabinets locked. Documents note that no significant noise generation is expected, and that no hazardous materials or waste will be produced at the site.

The site is located within Zone 6, the Traffic Pattern Zone (TPZ), of Sierra Sky Park. 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. Other prohibited land uses in the TPZ include outdoor stadiums or other high-intensity uses, as well as hazards to flight. The proposed maximum height of the tower is 70 feet. This proposed height required an airspace analysis under Part 77 from the FAA, with approval via a Form 7460-2 already received which yielded a “determination of no hazard to air navigation”.

The project falls outside of the Sierra Sky Park noise contours and is therefore not subject to any restrictions.

Action: Staff recommends that the ALUC approves a Finding of Consistency for the Proposed Verizon Wireless Facility located at Santa Fe Ave & W Palo Alto Ave.

Summary: E&L Construction is proposing individual development project at 1225 Clovis Avenue in the City of Fresno. The proposed project is a multi-tenant 22,929 square foot shell building for office warehouse tenants, with office space in the front of the building and warehouse space in back. The property is located within the Light Industrial Zone District. 

The city of Fresno, on behalf of E&L Construction, is requesting a consistency determination for the facility.  The site is located within Zone 6, the Traffic Pattern Zone (TPZ), of Fresno Air Terminal. Specific site location in the TPZ is shown in the safety zone map included in your packet. The ALUCP restriction on non-residential intensity in this zone is 300 persons per acre, with an open land requirement of 10% for the parcel. Prohibited land uses in the TPZ include very high intensity uses such as outdoor stadiums and hazards to flight. 

Other development conditions include an airport disclosure notice, airspace review for objects over 100 feet tall and new structures are prohibited on existing terrain that penetrates 14 CFR Part 77 surfaces. New structures also require additional airspace analysis required within the 50-foot terrain penetration buffer.

The proposed maximum height of the building is 24 feet. This proposed height does not require an airspace analysis under Part 77 from the FAA, confirmed by the FAA on May 15, 2019. See the attached FAA documentation.

The project falls inside of the Fresno Air Terminal 60 CNEL noise contour, but is compatible without restrictions as a wholesale trade or retail trade facility. Land uses within 60 CNEL noise exposure contours for which interior activities may be easily disrupted by noise, shall be required to comply with the following interior noise level criteria:

(a) The maximum, aircraft-related, interior noise level that shall be considered acceptable for land uses near airports is 45 CNEL in office buildings with the windows closed.

Action: Staff recommends that the ALUC approves a Finding of Consistency for the Proposed multi-tenant office warehouse building to be located at 1225 Clovis Avenue, Fresno CA 93727.

Summary:  The newly adopted Fresno County Airport Land Use Plan (ALUCP) requires local agencies to demonstrate consistency between the ALUCP and their local land use plans and regulations. City of Fresno staff is proposed to demonstrate consistency by adopting a Text Amendment to the Development Code which more clearly establishes that the ALUCP is the primary plan of record, and which adds a new finding of consistency with the ALUCP for all discretionary entitlements (Development Permits and Conditional Use Permits, for example). 

This matter was considered by the Airport Land Use Commission at a special meeting on Monday, May 13, 2019. The item was continued to the regular meeting of June 3, 2019, at which time the Airport Land Use Commission voted to support the Text Amendment but rejected the City's proposed consistency finding on the grounds that the Text Amendment was beneficial but insufficient to attain consistency. Staff from the Development and Resource Management Department disagree with this determination and will recommend to the City Council to overrule that decision and find the City of Fresno's land use plans and regulations consistent with the ALUCP upon adoption of the Text Amendment.

In accordance with PUC 21676, the City of Fresno has provided notice in excess of 45 days of the decision to overrule the ALUC. The public hearing is scheduled for August 15, 2019. Comments must be received no later than July 29, 2019. The proposed overrule decision and accompanying findings are attached for Commissioners review and comment. 

Action:  Review, comment and provide staff direction. 

1.  Upcoming meetings (approved schedule)

• July 1, 2019
• August 12, 2019 (one week later than usual)
• September 9, 2019  Note: this is the second Monday of the month.

2.  Update on Cities required to submit a land use finding of consistency. (Veenendaal)