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Home My WebLink About007-260-181.. u .. �•.- .... - u to o .... LAND O'F NATURAL. WEALTH AND BEAUTY AIRPORT LAND USE COMMISSION 7:COLINTY CENTER DRIVE • OROVILLE, CALIFORNIA 95965-3397 TELEPHONE: (530) 538-6571 FAX: (530) 538-7785 www.buttecounty.net/dds/ January 2, 2002 Mr. John Byrne P.O. Box 485 " Chico, CA 95927 RE: Application, File No. A01-01 - Southwest corner of Eaton Rd. and Godman Ave., Chico APN 007-260-081 & 082 Dear Mr. Byrne: r ' Enclosed is Receipt'No. 20098 in the amount of $24.50 for the above -referenced file. As of this a L date, the account has arzero balance and is closed.. Your quick response is greatly appreciated. Thank you. ' Sincerely, ` Cheryl Spoor Secretary I _ cs Enclosure l • � t q5o •, - ' % • � ".� .. 1ol'Alol foo .S() q5o DATE RECEIPTTOTAL NO. RECEIVED PUBLIC WORKS LAFCO PLANNING PUBLIC SALES ENV. HEALTH FIRE F/GNOE/NOD F/G FEE OTHER APPLICANT RECEIVED FROM - RECEIPT 20098 OFFICIAL RECEIPT re 1� COUNTY OF BUTTE "- • 0/ STATE OF CALIFORNIA ALA) c # n O/ ' OFFICE OF PLANNING t y • ISS BY C f ' I • 4 1�ft . + ..� _ LAND OF NATURAL WEALTH"` A'ND •,BEAUTY AIRPORT LAND USE COMMISSION ' ntFr 7 COUNTY CENTER DRIVE ^ OROVILLE, CALIFORNIA 95965-3397. . •i S:.c_}::��>ft,''.:; TELEPHONE (530) 538-6571 4LFAX: (530) 538-7785 www.buttecounty.net/dds/ November 14, 2001 Mr {John By`rne*.. P:O: Box 485 Chico, CA 95927 ItE: A_fpFphcation� File No. A01-01 "APN 007-260-081 &.082. , - Dear Mr.' Byrne: _ A letter dated August 9; 2001, was mailed to you requesting that you remit a check payable to the Butte' County -Treasurer in the amount of $24.50 because the costs to process your above -referenced application exceeded youf d posit of $300.00 by $24.50. We have not yet received payment. Please ,make:a check payable to'the Butte County Treasurer in the amount of $24.50 and remit it to iny . M attention; Development Services -Planning at 7.County Center Drive, Oroville, California 95965 F' within"15,calendar days. Should we not xeceive your•final payment, this account may be turned over z- r to Butte County Central Collections. Should you have any questions, please contact me at 538-6571 Monday thru Friday, 8:00 a.m. to f ' 4:00. p.m. Sincerely, s Cheryl Spoor a Secretary I CS -Attachment . K:U'Ianning\ALUC\ALUC Applic Billing Letters\2nd Billing Letter.doc John Byrne 3336 Keefer Road Chico, CA 95973 RE: ALUC File No. A 01-01 Dear Mr. Byrne: The total cost for the processing of the above -referenced application which was foundconsistent by the Airport Land Use Commission on April 18, 2001, is $324.50. As of January 26, 2001, a deposit was made in the amount of $300.00. The costs exceeded the deposit by $24.50. Below is a breakdown: Deposit -on 1-26-01, Receipt No. 19148 $300.00 Professional Planner $324.50 Total $324.50 Total Amount Due & Payable $ 24.50 Please make a check payable to the Butte County Treasurer in the amount of $24.50 and remit it with the application file number, as referenced above, to the Department of Development Services, Planning Division at 7 County Center Drive, Oroville, CA 95965 within 30 calendar days. Should you have any questions, please contact this office Monday thru Friday, 8:00 a.m. to 4:00 p.m., at 538-7601. Sincerely 1 Broderson Supervisor, Clerical Support Services jb County 41 �I ut LAND OF NATURAL WEALTH AND BEAUTY 'u DIRECTOR'S OFFICE �+ s DEPARTMENT OF DEVELOPMENT SERVICES 7 COUNTY CENTER DRIVE • OROVILLE, CALIFORNIA 95965-3397 TELEPHONE: (530) 538-7601 FAX: (530) 538-7785 www.buttecounty.net August 9, 2001 John Byrne 3336 Keefer Road Chico, CA 95973 RE: ALUC File No. A 01-01 Dear Mr. Byrne: The total cost for the processing of the above -referenced application which was foundconsistent by the Airport Land Use Commission on April 18, 2001, is $324.50. As of January 26, 2001, a deposit was made in the amount of $300.00. The costs exceeded the deposit by $24.50. Below is a breakdown: Deposit -on 1-26-01, Receipt No. 19148 $300.00 Professional Planner $324.50 Total $324.50 Total Amount Due & Payable $ 24.50 Please make a check payable to the Butte County Treasurer in the amount of $24.50 and remit it with the application file number, as referenced above, to the Department of Development Services, Planning Division at 7 County Center Drive, Oroville, CA 95965 within 30 calendar days. Should you have any questions, please contact this office Monday thru Friday, 8:00 a.m. to 4:00 p.m., at 538-7601. Sincerely 1 Broderson Supervisor, Clerical Support Services jb Date 08/09/01 Melopment Services Departmot Time 11:06 am Applicant Billing Worksheet Page 1 A 01-01 * John Byrne 3336 Keefer Road Chico, CA 95973 In reference to A 01-01 Rounding None Full Precision No 'Last.bill Last charge 03/16/01 Last payment / / Amount $0.00 Date/Slip#.Description HOURS/RATE AMOUNT TOTAL 03/05/01 Craig S. / P 5.50 324.50 #35012 Processing 59.00 5.50 $324.50 TOTAL BILLABLE TIME CHARGES $0.00 TOTAL BILLABLE. COSTS TOTAL NEW CHARGES PAYMENTS/REFUNDS/CREDITS 01/26/01 Deposit - Receipt #19148 TOTAL PAYMENTS/REFUNDS/CREDITS NEW BALANCE New Current period $324.50 . (300.00) ($3,00.00) 24.50 TOTAL NEW BALANCE $24.50 ISSUED BY • Ir / ENV. E/NOD OTHER PUBLIC FIRE F/G FEE APPLICANT RECEIPT TOTAL PUBLIC LAFCO PLANNING WORKS SALES HEALTH DATE NO. RECEIVED RECEIPT OFFICIAL RECEIPT! COUNTY OF BUTTE STATE OF CALIFORNIA OFFICE OF PLANNING ISSUED BY .. PROJECT SUMMARY SHEET FILE #: A01- O / AP #: O O '7- 02. (0 n- O 0 APPLICANT:, —V r r e , �-q- 5G-1 441VIKI ADDRESS: yo?O . 60-X `��5 , Com! c`co CA 9S4a 7 OWNER:c+wy► REPRESENTATIVE: ADDRESS: PROJECT DESCRIPTION / LOCATION: , S'm c i ujg/ t (-7 6,rh &A -W Z , xq d . �.e �'ii 1; c.e %l�] c.1Yl �'c • i4-IiY � PLAN DESIGNATION: 1. Application submitted: Z to G Amount: $ v Receipt # EfPhotocopy of deposit check received 2. Comments (sent to / received from): 3.' Staff eport (date / prepared by): GY-,,,� &I I Staff Report in file 4. Published: (date / specify where) IJ ❑ Hearing Notice, if published 5.Commission Hearing(s): Agenda. Action taken: EfFoundtobe Consistent Found to be Inconsistent Notes/Special Conditions:. CIO 0 VU 6. Minutes. � � / �) �- 3 (2-1 CLOSED FILES: ElBilled out O / $ dale Received Check Amount: $ Receipt # 0 Sent them Refund or 0 Check box if County-initiated—"Exempt from fees" K:\Planning\ALUC\BILLINGS\PROJECT SUMMARY SHEET.doc LAND OF u t Ala NATURAL WEALTH AND BEAUTY Q•,�,a + PLANNING DIVISION DEPARTMENT OF DEVELOPMENT SERVICES 7 COUNTY CENTER DRIVE • OROVILLE, CALIFORNIA 95965-3397 Airport Land Use Commission TELEP X. C=30%3V V E ilk Date: Jul 16 2001 ,IUL 2 3 2001 To: Responsible and Trustee Agencies ( BUTTE COUNTY AIRPORT LANG USE COMMISSION Subject: NOTICE OF INTENT to Adopt a Proposed Mitigated Negative Declaration for the John and Sharon Byme Tentative Parcel Map (TSM 01-03) The Butte County Planning Division has completed an Initial Study, in accordance with the California Environmental Quality Act (CEQA), of potential environmental consequences anticipated in connection With the above-mentioned project, a copy of which is enclosed. This letter serves as a Notice of Intent to adopt a Negative Declaration to allow responsible and trustee agencies a 20 -day review period in accordance with Sections 15072 and 15105 of the CEQA Guidelines. Please review the enclosed Initial Study and proposed Mitigated Negative Declaration. This review should focus on your agency's area of expertise and jurisdiction. Any comments must be sent to the above address prior to August 9, 2001. A Public Hearing has been scheduled for August 9, 2001 before the Butte County Development Review Committee. If you have any questions regarding the enclosed environmental document, please contact this office between the hours of 8:00 a.m. and 4:00 p.m. S er aniel C. Breedon Senior Planner cc: John and Sharon Byrne Butte County Public Works Department, Land Development Division Butte County Environmental Health Department, Chico California Department of Forestry Air Quality Management District Airport Land Use Commission t City of Chico 20241PABUTTE COUNTY AIRPORT LAN:cENDannlniurEs Binder • 7 County Center Drive, Oroville, CA 95965 • (530) REGULAR MEETING OF THE COMMISSION Location: Butte County Administration Building, Supervisors' Chambers 25 County Center Drive, Oroville, California Date/Time: April 18, 2001 — 9:00 a.m. AGENDA ALL ITEMS ARE OPEN FOR PUBLIC COMMENT A. Pledge of Allegiance. B. Roll Call. C. Approval of the draft minutes for the October 19, 2000 and March 21, 2001 meetings. D:. Acceptance of the Agenda (Commission members or staff may request additions, deletions, or changes in the Agenda order). E. Business Items: ITEM WITH PUBLIC HEARING ' 1. ALUC File No. A01-01 Consistencv Finding for John and Sharon Bvrne — Tentative Subdivision Man. APN 007-260-081 and 082 (Continued from March 21. 2001): A consistency review of an application to divide 9.1 acres into 10 parcels ranging between 0.20 acre and 0.30 acre for single family dwelling development along with a 5.9 acre remainder parcel and a 0.18 acre parcel for drainage detention. The property is located at the southwest corner of Eaton Road and Godman Avenue, Chico, south of the Chico Municipal Airport. ITEM WITHOUT PUBLIC HEARING 2. Buving Property Near a Butte Countv Airport (Continued from March 21. 2001): A document prepared by the Disclosure Subcommittee. A discussion item on the disclosure of the airport's influence area to prospective buyers of all airport -vicinity properties, prior to transfer of title. This item will have to be set as a public hearing item if further action is desired. F. Monthly Status Report. G. Committee Appointments. • Airport Land Use Commission 6 Agenda • Page I BUTTE COUNTY AIRPORT LAND USE COMMISSION t' • 7 County Center Drive, Oroville, CA 95965 • (530) 538-6571 FAX (530) 538-7785 REGULAR MEETING OF THE COMMISSION ` Location:. Butte County Administration Building, Supervisors' Chambers 25 County Center Drive, Oroville, California Date/Time: March 21, 2001— 9:00 a.m. AGENDA ALL ITEMS ARE OPEN FOR PUBLIC COMMENT A. Pledge of Allegiance. B. Roll Call. C. . Approval of the draft minutes for the February 21,, 2001 meeting. D. Acceptance of the Agenda (Commission members or staff may request additions, deletions, or changes in the Agenda order). E. Business Items: ITEM WITH PUBLIC HEARING 1. ALUC File No. A01-01 Consistencv Finding for John and Sharon Bvrne - Tentative Subdivision May, APN 007-260-081 and 082: A consistency review of an application to divide 9.1 acres into 10 parcels ranging. between .20. acre and .30 acre for single family dwelling development along with a 5.9 acre remainder parcel and a .18 acre parcel for drainage detention. The property is located at the southwest comer of Eaton Road and Godman Avenue, Chico, south of the Chico Municipal Airport. ITEM WITHOUT PUBLIC HEARING 2. Buvin2 Property Near a Butte Countv Airport — (Continued from February 21, 2001 meetin : A document prepared by the Disclosure Subcommittee. A discussion item on the disclosure of the airport's influence area to prospective buyers of all airport -vicinity properties, prior to transfer of title. This item will have to be set as a public hearing item if further action is desired: F. Monthly Status Report. Any disabled person needing special accommodation to participate in the Commission proceeding is requested to contact M.A. Meleka, Principal Planner at (530) 538-6571prior to the meeting and arrangements will be made to accommodate you. • Airport Land Use Commission • March 21, 2001 Agenda • Page 1 • • • • BUTTE COUNTY AIRPORT LAND USE COMMISSION Minutes of March 21, 2001 A. PLEDGE OF ALLEGIANCE B. ROLL CALL Present: Chair Rosene, Commissioners Lambert, Wallrich, Grierson, Causey and Harp. Absent: Commissioner Hatley, and Alternate Commissioners Baldridge, Hennigan, Franklin, Hodges, Greenwood, and Roberson. Others Present: Alternate Commissioner Papadakis M. A. Meleka, Principal Planner Cheryl Spoor, Secretary I C. APPROVAL OF THE MINUTES FOR THE FEBRUARY 21, 2001 MEETING Commissioner Grierson requested a correction on page 3, line 10, eliminating the word "parcel' in the sentence to read, "...disclosure document which must be signed by the purchaser includes a map...". It was moved by Commissioner Wallrich, seconded by Commissioner Grierson, and unanimously carried to adopt the minutes of February 21, 2001 as corrected. D. ACCEPTANCE OF AGENDA It was moved by Commissioner Grierson, seconded by Commissioner Harp, and unanimously carried to accept the Agenda as presented. E. BUSINESS ITEMS ITEM WITH PUBLIC HEARING 1. ALUC File No. A01-01IConsistencv Finding ,for ohn and Sharon Bvrn0 — ,Tentative Subdivision Man, APN 007-260-081 and 082:1 A consistency review of an application fo divide 9.1 acres into 10 parcels ranging between 0.20 acre and .0.30 acre for single family dwelling development along with a 5.9 acre remainder parcel and a 0.18 acre parcel for drainage detention. The property is located at the southwest corner of Eaton Road and Godman Avenue, Chico, south of the Chico Municipal Airport. Mr. Meleka presented the staff report. He reported that according to the 2000 Airport Land Use Compatibility Plan (ALUCP), the property is located in traffic pattern compatibility zone C-2. He further stated that, the density allowed in C-2 is only.4 dwelling units per acre or greater and therefore staff recommended that the • Commission find ALUC file #A01-01, John and Sharon Byrne tentative subdivision map, inconsistent with the 2000 Airport Land Use Compatibility Plan for the Chico Municipal Airport influence area. Nevertheless, he added, "if the Commission so chooses, Section 2.4.4.f may be applied to find a normally incompatible use to be acceptable because of extraordinary factors or circumstances, but according to Item #3 of the same Section (2.2.4.0 the burden of demonstrating the special conditions applied to the proposal rests with the project proponent and/or the referring agency, not with the ALUC." Mr. Meleka concluded his presentation. Chair Rosene opened the hearing to the public. Mr. John Byrne provided background information relative to the proposed project requesting that the Commission consider approving the project as an exception under Section 2.4.4.f of the Compatibility Plan. Mr. Byrne read Section 2.4.4.f of the 2000 ALUCP which delineates the criteria permitting an exception to the Plan. Mr. Byrne explained his reasoning for requesting an exception to the compatibility criteria for his project. He defined his proposed plan's objectives, both current plan and future layouts for the project site, saying that he wanted to "create a project that is above entry-level housing but still affordable." • Mr. Byrne addressed specifics of his project, saying that he would be proposing the whole project if sewerage was available. However; that not being the case, he was proposing to develop the subject parcel with a community septic system, stating that an exception to the Nitrate Action Plan had been granted by the Regional Water Quality Control Board. He said that the State had granted the exception "because this is for the common good of the community." He added that the City of Chico had assisted him in obtaining the exception. He commented further that the interim community system would be abandoned when City sewerage becomes available and the "designated remainder" of the parcel identified on the submitted map would then be developed as well and subsequently annexed to the City. - • When asked about the timing of the sewerage availability in the proposed project area, he stated that it could be available in two to three years. However, he acknowledged that exact timing of availability in that area is unknown. Chair Rosene asked about the placement .of the leach field for the community system; Mr. Byrne replied that it would likely be located under a future roadway. However, he said an engineer would make the final decision about placement following an analysis of the ground water monitoring data collected over the winter. Mr. Byrne stated that he had designed the layout of the property as a ,cul-de-sac ' to accommodate the City's and County's requests that access be limited to Godman 0 Airport Land Use Commission 0 Minutes of Meeting of March 21, 2001 ■ Page 2 ■ • 0 BUTTE COUNTY AIRPORT LAND USE COMMISSION Minutes of April 18, 2001 1� �G vl? A. PLEDGE OF ALLEGIANCE rq C( B. ROLL CALL Present: Chair Rosene, Commissioners Lambert, Wallrich, Grierson, and Harp; Alternate Commissioners Hodges. Absent: Commissioners Causey, and Hatley; Alternate Commissioners Hennigan, Franklin, Greenwood, and Roberson. Others Present: Alternate Commissioners Papadakis, and Baldridge. M. A. Meleka, Principal Planner Cheryl Spoor, Secretary I C. APPROVAL OF MINUTES FOR THE OCTOBER 19, 2000 MEETING Chair Rosene commented that the October 19, 2000 joint meeting was well -attended with nearly every elected official in the entire county present. . ,A motion was made by Commissioner Wallrich; seconded by Commissioner Lambert, and unanimously passed to adopt the minutes of the October 19, 2000 joint meeting as presented. APPROVAL OF MINUTES FOR THE MARCH 21, 2001 MEETING It was moved by Commissioner Lambert, seconded by Commissioner Wallrich, and unanimously carried to adopt the minutes of the March 21, 2001 meeting as presented. D. ACCEPTANCE OF AGENDA A motion was made by Commissioner Harp, seconded by Commissioner Grierson, and unanimously carried to accept the Agenda as presented: E. BUSINESS ITEMS ITEM WITH PUBLIC HEARING 1. ,-A LUC File No. A01-61 Consistency Finding for John and Sharon Byrne Tentative Subdivision Map, APN 007-260-081 and 082 Continued from March 21, 2001):} A - <consistency review of an application -to divide 9.1 acres into 10" parcels ranging between 0.20 acre and 0.30 acre for single family dwelling development along with a . 5.9 acre remainder parcel and a 0.18 acre parcel for drainage detention. The property is located at the southwest corner of Eaton Road and Godman Avenue, Chico, south of the Chico Municipal Airport. iJa Mr. Byrne was invited to present his comments relative to the proposed project and demonstrate that special conditions exist which would qualify his proposal for approval as an exception under Section 2.4.4.f of the 2000 ALUCP. He distributed materials in support of his project, proceeded to review highlighted sections in these materials, and explained the "rationale behind the layout. He said that it was his intention to create a greater understanding of his proposed development in perspective with the entire project as he had envisioned it. He also stated that he had originally slated the subdivision as a phased project with Phase I being the proposal before the Commission today. In addition, he wanted the Commission to understand his interactions with the City and County relative to requirements which would limit his options in designing the layout and his subsequent decision-making. Mr. Byrne stressed that the issues he faced with the odd -shaped lot represented a constraint to his layout plan. Mr. Byrne identified constraints on the subject property contributing to the layout configuration of the project including the City of Chico's request for a "no access" strip along Eaton Road and a 200' setback along Godman Avenue as well. He conceded that while the project was now in the County and the City would have no legal jurisdiction at this time, the property would be annexed to the City of Chico at a later date. Mr. Byrne stated that he had been working with County staff and had received a letter from Dan Breedon following a pre -development review meeting held January 4, 2001. This letter stated, "Staff from ALUC .indicates the project would qualify as an infill development because it. is surrounded by parcels of similar density on 65% of the property's perimeter." • Mr. Byrne said that he had proceeded with plans based on this letter. For the record, it had been clear that he had not met with Mr. Meleka until this week. Chair Rosene asked that Dan Breedon be contacted and asked to appear at this hearing. • BREAK: 10:35 a.m.-10:55 a.m. Dan Breedon came into the meeting and was asked by Chair Rosene to explain the pre - application review process. Mr. Breedon said that the experts in various County departments - planning staff, public works, health department, for example -meet with the applicant to review the proposed project and make suggestions. In response to Chair Rosene's question as to how and why Mr. Byrne's project would be considered "infill" with the ALUCP, Mr. Breedon stated, "I was relying 'upon the ALUC staff member that was present at that pre - development review meeting who was Craig Sanders." He further indicated that a pre - development review is not a final approval, but an opportunity to meet with technical people to get ideas on how to design the project better. Mr. Breedon left the meeting following his remarks. Commissioner Lambert asked about emergency access for the cul-de-sac layout. Mr. Byrne responded that there is emergency access across an existing bike path which has posts installed to prevent general access by the public; but in an emergency, it could be run -over by a fire truck or vehicles. ■ Airport Land Use Commission 0 Minutes of Meeting of April 18, 2001 ■ Page 2 ■ >'v Chair Rosene asked whether any other member of the public would care to speak regarding this issue; seeing none, the hearing was closed. Following Mr. Byrne's presentation and questions from the Commission, there was discussion by the Commissioners to consider whether Mr. Byrne had satisfied the 2000 ALUCP requirement as an exception under Section 2.4.4.f including sufficient justification to approve the project. (The point of contention was whether the Commission should approve Mr. Byrne's project which falls short of the 2000 ALUCP density requirement for the C-2 designation of 4 dwelling units or greater per acre while at the same time, the proposal for 29 lots is greater than the eleven 1 -acre parcels which was approved for the site under the old CLUP at the November 18, 2000 ALUC meeting.) Chair Rosene indicated that he did not feel that Mr. Byrne had demonstrated that special conditions existed, to grant an exception under Section 2.4.41, pointing out that under the ALUCP, four conditions had to be met - noise, safety, overflight, and airspace. He mentioned that overflight and airspace had not yet been discussed. A motion was made by Commissioner Harp and seconded by Commissioner Wallrich to approve ALUC File #A01-01, John & Sharon Byrne, as an exception to the 2000 ALUCP. Following this but prior to a vote of the Commissioners, Chair Rosene asked whether the motion for approval should include any stipulations since it is a variance from the 2000 ALUCP just adopted December 20, 2000. • Commissioners Harp and Wallrich agreed to amend the original motion, 1) clarifying that this Commission's decision applies only to the ALUC File #A01-01 as submitted and not the entire project; 2) amending the motion to apply all the requirements that are specified in the 2000 ALUCP for the C-2 zone; 3) specifically stating that this action rescinds the prior motion for approval of 1 -unit per acre relative to ALUC File #A00-09, at its November 15, 2000 meeting; and 4) Finding: Commissioner Wallrich believed this proposal to be unique in that it is the only undeveloped project with pre -approval for 1 -unit per acre under the old CLUP but under the 2000 ALUCP, the same property would have a density requirement of 4 - dwelling units per acre or greater. Commissioner Wallrich accepted the testimony of Mr. Byrne in which he said various alternatives had been explored for increasing the density in the subject subdivision; these alternatives were discussed recently with Mr. Meleka. Mr. Byrne had been reluctant to reconfigure the layout, as suggested by Alternate Commissioner Hodges, incorporating clustering as it didn't fit -in with his target market. In addition, he was reaching the 60 -day time limit for a decision and there was .not time to reconfigure the layout and resubmit it to the ALUC. Considering that, the Commission's charge is not to reconfigure the layout, but rather to decide on consistency. Commissioner Wallrich's conclusion, shared by Commissioners Harp and Grierson, was that even though the proposal was a lower density than the 2000 ALUCP requirement, it would be a better decision to approve a greater density than to leave the development at 1 -unit per acre. 0 0 Airport Land Use Commission ■ Minutes of Meeting of April 18, 2001 ■ Page 3 ■ • A vote of the ALUC Commissioners follows: AYES: Commissioners Harp, Wallrlch, and Grierson. NOES: Chair Rosene, Commissioner Lambert, and Alternate Commissioner Hodges. ABSENT: Commissioner Hatley. ABSTAINS: None. Mr. Meleka sought the County Council to advise the Commission on how to interpret the resultant tie vote. BREAK: 11:35 a.m.-11:55 a.m. After conferring with the County Council, Mr. Meleka returned to the meeting. Chair Rosene stated his understanding that the Public Utilities Code varies because the Planning Commission, the Board of Supervisors, and the ALUC all fall under different guidelines. He further stated that the ALUC Bylaws should also take precedence. Mr. 'Meleka confirmed'that the Brown Act clearly states that if there is no majority, that the motion does not pass. He also reviewed the Public Utilities Code Section 21676 which • directs that an action or decision must be made within 60 days of submission; as it is now reaching the end of the 60 -day time limit, there could be no continuance. Mr. Meleka read the related ALUC Bylaws Section 1.5.4 which states, "An affirmative vote of a majority of the full commission is required to constitute an action." He explained that in this case a tie of 3 against 3 means "no action" which falls under. the Public Utilities Code 21676 meaning that if no determination is made within 60 days, then the application shall be deemed consistent. • Chair Rosene stated that according to staff and the ALUC Bylaws, when the decision results in "no action" another motion may be permitted; he asked whether anyone wanted to make a new motion. No one made another motion. Chair Rosene reiterated that under the ALUC's Bylaws, Mr. John Byrne's project, ALUC File #A01-01, was found to be approved, and Mr. ,Byrne may proceed with his plans: ITEM WITHOUT PUBLIC HEARING 2. Buying Property Near a Butte County Airport (Continued from March 21. 2001): A document prepared by the Disclosure Subcommittee. A discussion item on the disclosure of the airport's influence area to prospective buyers of all airport -vicinity properties, prior to transfer of title. This item will have to be set as a public hearing item if further action is desired. 0 Airport Land Use Commission 0 Minutes of Meeting of April 18, 2001 0 Page 4 ■ ,r AGENDA ITEM - E.1. ' TO: Honorable Chair and Airport Land Use Commission . FROM: ALUC Staff DATE: March 9, 2001 ITEM: ALUC File No. A01-01 Consistency Finding for John and Sharon Byrne - Tentative Subdivision Map, APN 007-260-081 and 082: A consistency review of an application to divide 9.1 acres into 10 parcels ranging between .20 acre and .30 acre for single-family dwelling development along with a 5.9 acre remainder parcel and a .18 acre parcel for drainage detention. The property is located at the southwest corner of Eaton Road and Godman Avenue, Chico, south of the Chico Municipal Airport. FOR: Airport Land Use Commission Meeting on March 21, 2001 SUMMARY: Staff recommends ALUC find the project inconsistent with the Airport Land Use. Compatibility Plan for the Chico Municipal Airport, adopted on December 20, 2000. BACKGROUND: The site is located approximately 1 mile south of the Chico Municipal Airport at the southwest corner of Eaton Road and Godman Avenue. It is in the unincorporated area and under the County jurisdiction. The current General Plan land use designation is Low Density Residential (LDR) and zoning is Suburban Residential (SR). The property can potentially be developed at 6 dwelling units per acre if community sewerage service is available. Without sewerage, the density is restricted to 1 dwelling unit per acre because of the Chico Area Nitrate Action Plan. A different project on this same site was reviewed by the ALUC on November 15, 2000. That project proposed the creation of 11 one -acre parcels and was found to be consistent with the 1978 Chico Municipal Airport CLUP as amended on October 21, 1998, and December 29, 1999. ANALYSIS: According to the 2000 Airport Land Use Compatibility Plan (ALUCP) for the Chico Airport, the property is located in a Traffic Pattern Compatibility Zone C(2). The C(2) zone states that residential uses at a density of 4 dwelling units per acre or greater (an average parcel sizes 0.20 acres), are compatible with airport operations. The proposed density is 2.96 dwelling units per acre and the proposed lots average approximately 0.27 acre, larger than the allowed average. As proposed, the project does not meet the minimum density requirement. Though the proposed project is not consistent with the density criteria of the C(2) compatibility zone, Section 2.4.4 (f) allows the Commission some discretion to deviat from the compatibility criteria in the Plan. Section.2.4.4 (f) states: The compatibility criteria set forth in this plan are intended to be applicable to all locations within each airport's influence area. However, it is recognized that there may be specific situations where • Butte County • Airport Land Use Commission • a normally incompatible use can be considered compatible because of terrain, specific location, or other extraordinary factors or circumstances related to the site. 1. After due consideration of all the factors involved in such situations, the Commission may find a normally incompatible use to be acceptable. 2. In reaching such a decision, the Commission shall make speck findings as to'why the exception is being made and that the land use will not create a safety hazard to people on the ground or aircraft in flight nor result in excessive noise exposure for the proposed use. Findings also shall be made as to the nature of the extraordinary circumstances which warrant the policy exception. 3. The burden for demonstrating that special conditions apply to a particular development proposal rests with the project proponent and/or the referring agency, not with the AL UC. 4. The granting of a special conditions exception shall be considered site specific and shall not be generalized to include other sites. S. Special conditions which warrant general application in all or part of the influence area of one airport, but not at other airports, are set forth in Chapter 3 of this Compatibility Plan. As stated in 3. above, the burden of demonstrating and supporting a deviation from the compatibility standards rests with the applicant. At this time, the applicant has not provided any information to support a deviation from the compatibility standards. Airspace Protection and Safety: The topography of the site is generally. level. The site elevation is approximately 178 feet above sea level. The project site is located under the horizontal surface which has an elevation of 388 feet above sea level. With approximately 210 feet between the ground and horizontal surface, there shouldn't be an airspace conflict for single-family residences. The execution of an avi-ation easement is recommended to protect future airport operations. Environmental Documentation: No environmental documentation has been prepared for this project. RECOM IENDATION: Staff recommends that the Butte County Airport Land Use Commission find ALUC File No. A01-01 (John and Sharon Byrne Tentative Subdivision Map) inconsistent with the 2000 Airport Land Use Compatibility Plan for the Chico Municipal Airport. Exhibits: A: Findings B: List of References C: Tentative Subdivision Map D: Project Location illustrated on.the Chico Municipal Airport Compatibility Map • Butte County • Airport Land Use Commission • 2 w EXHIBIT A BUTTE COUNTY AIRPORT LAND USE COMMISSION CONSISTENCY FINDINGS FOR: ALUC File No. A01-01: John and Sharon Byrne Tentative Subdivision Map, APN 007-026-081 and 082 The Airport Land Use Commission has prepared the following findings based on data contained in' the Airport Land Use Compatibility Plan (ALUCP) for the Chico Municipal Airport, adopted on December 20, 2000, as well as site specific information submitted by the applicant and the ALUC staff. The following findings have been prepared -at the direction of the ALUC and are for the consideration of the Lead Agency (County of Butte) when making a decision on the project. SECTION, 1: ENVIRONMENTAL FINDINGS A. No environmental documentation was submitted at the time of project review. SECTION 2: CONSISTENCY FINDINGS FOR PROPOSED PROJECT A. The density proposed by the project is not consistent with compatibility criteria of. Zone C(2) in the ALUCP for the Chico Municipal Airport because the density of the proposed subdivision is 2.96 dwelling units per acre which is less than the required minimum of 4 dwelling units per acre. B. If the Commission finds that a deviation from the compatibility standards is supported by evidence in the record, consistent with section 2.4.4(f), and the project can be found compatible with the current and future operations of the Chico Municipal Airport, a finding of consistency may be made. If a finding of consistency is made, approval of the project without implementation of the requirements below would necessitate the adoption of Overriding Findings by a 2/3 vote, of the governing body. Overriding Findings by the governing body can only be made based on substantiated facts and must be supported by .new, substantial, factual evidence introduced into the public record that the proposed action is consistent with the State Aeronautics Act as stated in Section 21670. Overriding Findings cannot be adopted as matters of opinion, hearsay, or on the unsubstantiated fears and desires of the governing body. ' 1. A condition shall be required as part of the subdivision map stating that prior to the issuance of Building Permits, the property owner shall sign an avigation easement granting to the City of Chico the right of continued use of the Chico Municipal Airport in the.airspace above the proposed parcels and acknowledging any and all existing or potential airport operational impacts. Butte County # Airport Land Use Commission • 3 .. EXHIBIT B List of References " Data supporting the ALUC's findings have been generated from studies and reports prepared by recognized professionals and agencies with expertise in Airport Land Use Planning and land use compatibility. These include, but are not limited to: R Dixon Speak Associates - Prepared Butte County Airport Facilities Plan and Map of FAR Part 77 Surfaces for the Chico Municipal Airport. Caltrans Division of Aeronautics -1993 Airport Land Use Planning Handbook - Hodges and Shutt - Prepared accident scatter data presented in Chapter 8 of the 1993 Airport Land, Use Planning Handbook. University of California, Berkeley, Institute of Transportation Studies (1993) - Prepared accident scatter data presented in Figure 9E on page 9-13 of the 1993 Airport Land Use Planning Handbook. KAALU0N I EETINGS\2001\03-211BYRNE. 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