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Airport Land Use Commission


Monday, November 4, 2019
2:00 PM

COG Sequoia Conference Room
2035 Tulare St., Suite 201, Fresno, CA


Americans with Disabilities Act (ADA) Accommodations
The Fresno COG offices and restrooms are ADA accessible. Representatives or individuals with disabilities should contact Fresno COG at (559) 233-4148, at least 3 days in advance, to request auxiliary aids and/or translation services necessary to participate in the public meeting / public hearing. If Fresno COG is unable to accommodate an auxiliary aid or translation request for a public hearing, after receiving proper notice, the hearing will be continued on a specified date when accommodations are available.


TOLLFREE NUMBER:  888-398-2342




Items listed as information still leave the option for guidance/direction actions by the Commission.


Pledge of Allegiance

Roll Call

2.Action/Discussion Items

Minutes/Action Summary of the October 7, 2019 ALUC Meeting (Brenda Veenendaal)

Action:  Review and approve, or approve with edits, the October 7, 2019 Fresno County Airport Land Use Commission Action Summary.

City of Fresno Development Permit P19-04051 (Braden Duran)


Summary: Development Permit Application number P19-04051, filed by architect Roger Hurtado of Centerline Design, LLC to the City of Fresno, proposes an addition to the existing structure located at 1740 N Gateway Blvd in the City of Fresno.

The proposed plan pertains to the ±1.06 acres of developed property located at the address mentioned, with the property located just north of McKinley Ave between Chestnut Ave and Peach Ave. The plan is to build a 3,144 sq ft addition to the current warehouse building, along with façade upgrades to the existing portions. This project will also add parking stalls to the existing site, upgrade the existing accessible parking stall and Path of Travel to the existing building entrance. The proposed warehouse addition is being constructed to provide additional warehouse storage space for the owner, Cooper Chase Construction. The new portion of the building will be 24 feet high, eclipsing the existing building which is around 20 feet. The property is currently zoned IL (light industrial).

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 as an attachment. 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. This project received a “Determination of No Hazard to Air Navigation” by the FAA with proper documentation provided to staff.

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

Action: Staff recommends that the ALUC approves a Finding of Consistency for Development Permit Application number P19-04051.

Brighton Academy Preschool Project (Brenda Veenendaal)

Summary:  This project was first presented for a finding of consistency at the August 12, 2019 ALUC meeting. It was tabled at that meeting due to the need for discovery and discussion surrounding Covenants, Conditions and Restrictions (CC&R) deemed relative to this proposed project location in the vicinity of Sierra Sky Park Airport. 

At the October 2019 ALUC meeting staff member Brenda Veenendaal asked the Commissioners if they would consider holding a special meeting to consider the project for a finding of consistency once more. At that time the ALUC directed legal counsel to draft a report on whether CC&R's may be considered by the ALUC when ruling on findings of consistency. Legal Counsel has drafted a report for the Commissioner's consideration which is confidential unless the ALUC wishes to share it publicly. 

The project itself proposes to construct a new built-to-suit single-story building of 4,704 S.F. on a 0.83-acre parcel at West Herndon Avenue and North Blythe Avenue for Brighten Academy Daycare.  The daycare's operating hours are 7 am to 6 pm, Monday through Friday.  The number of employees on-site at any given time will be 12, and the maximum number of children is 88.  

The site is located within Zone 6, the Traffic Pattern Zone (TPZ), adjacent to the sideline zone of Sierra Sky Park 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. Other prohibited land uses listed in Table 3A Safety Criteria Matrix on page 3-5 of the Airport Land Use Compatibility Plan include outdoor stadiums or other high-intensity uses, as well as hazards to flight.

The maximum height of the building will be 25 feet, requiring a FAA Determination of No Hazard to Air Navigation and the project proponents have received that determination.

Other development conditions include an airport disclosure notice.

Noise contours - This project is not located in an airport noise contour. The City of Fresno informed the project sponsors that they do not need a noise study for this project and CEQA, NEPA, or any other environmental evaluation documents are not required per the DRC process. 

Since the October 7th ALUC meeting Caltrans Aeronautics Department has forwarded a Draft ALUCP comment letter dated October 26, 2018, and the corresponding response to comments letter written by Fresno COG's consultant, Coffman Associates, that address an additional issue related to the proposed project. They were forwarded to staff as a reminder that there was an issue involving considerations of vulnerable populations when the draft ALUCP was being circulated. In Caltrans's letter on page 4, second paragraph, Caltrans notes that Table 3A of the Draft ALUCP does not prohibit or place limitations on land uses with vulnerable occupants within Safety Zone 6. The letter goes on to state that the California Airport Land Use Planning Handbook, a document that provides guidance for the development of ALUCP concepts, principles and practices, states that there "are uses for which risk acceptability cannot be measured simply in terms of the number of occupants." The letter further states additional quotes and definitions from the Handbook regarding vulnerable populations such as children's schools, daycare centers, etc. Caltrans has expressed that the original concern is still in play, and is realized with the development of the Brighton Academy Daycare Project proposed location in Zone 6, added to its placement next door to a gas station. Caltrans staff would like to address the ALUC on this issue at the November 4th ALUC meeting and will either be present or will participate by phone. 

Action: A Finding of Consistency for the Brighten Academy Daycare Building project proposal is being sought by the City of Fresno and Centerline Design, LLC.

West Creek Village Plan Amendment and Rezone (Brenda Veenendaal)

Summary: The Developers of the property located on the southwest quadrant of E Jensen Avenue and S Martin Luther King Jr. Boulevard are proposing to transform the existing property into a Mixed-Use Project and to incorporate into its environs a new Community College along with Residential, Open Space, and Commercial development to be known as the MLK Activity Center.

The site is presently planned as follows:

  • Medium Density Residential (50.18 acres)
  • Regional Commercial (21.08 acres)
  • Community Commercial (2.43 acres)
  • College (6.48 acres)
  • Community Park (9.51 acres).

The proposed project would consist of the following:

  • Medium Density Residential (26.58 acres)
  • Medium High Density Residential (21.32 acres)
  • Open Space (11.74 acres)
  • Community Commercial (3.08 acres)
  • Regional Commercial (26.96 acres).

The property sits within Zone 6 - Traffic Pattern Zone which prohibits only Hazards to flight and very high intensity uses. 

Attached is the Operational Statement, existing and proposed general plan land use mapping and zoning, an aerial map of the project area and the safety zones and noise contour map.

Action: A finding of consistency for the Plan Amendment/Rezone Application No. P18-03290.

3.Public Presentations

This portion of the meeting is reserved for persons wishing to address the ALUC on items within its jurisdiction but not on this agenda. Note: Prior to action by the ALUC on any item on this agenda, the public may comment on that item. Unscheduled comments may be limited to 3 minutes.

4.Other Business

Items from Members

Items from Staff

1.  Upcoming meetings (regular schedule)

  • December 2, 2019
  • February 3, 2020