HomeMy WebLinkAbout048-020-060+BUTTE COUNTY AIRPORT LAND USE COMMISSION +
7 County Center Drive, Orovillej-CA 959Me 4=)-538-74501 FAX (530) 538-7785-o
I I. EXHIBIT A3 4
Review of Overriding. Findings Process,�
The override process involves three mandatory steps, including:
(1)' The holding of a public hearqg.
(2) The making of specific findings that the action proposed is consistent,with the
purposes of the'State Aeronautics Act. as stated in Section 21670-bf the. Public
Utilities Code and summarized below-
... )to provide for the orderly development of each public use -airport in -this
state..
... to provide for the -orderly -development of... the area surround i n4 -these
airports so as to promote the overall goals and objectives of the Califorhia
airport noise standards ...... P
to provide for the orderly development of ...... the area surrounding these
airports so as ..... to prevent the creation- of.n*ew noise and --safety problems."
to,protect the public health, safety, and welfare by ensuring the orderly
expansion'of airports..."
to protect the public health, safety., and welfare by .....the- adoption. of- land
use measures.that minimize the public's exposure t6 excessive noise and
safety hazards within areas- around public airports to the extent -that -these
areas are not already devoted to incompatible land uses."
(3) , Approval ofthe proposed action -by a.tworthirds vote.of the local agency's -governing
body. I
The Off ' ce of Planning and Research offers several guidelines. regarding what -constitutes
sound,- legally sufficient findings. The most basic among these guidelines is that findings
mu st be substantive not just recitations of the law: "Generally, findings are not sufficient
if they merely recite the very language of the local ordinance or state statute that requires
them." In other words, findings must bridge the analytical gap between raw data and the
uftimake decision. This assertion was affirmed in the'1992 court case, Califomia Aviation
Butte County @Airport Land Use Commission
Council v. City of Ceres. In this case the court found that the Ceres city council had merely
referred to the ALUC ' statutes and then concluded that the proposed land uses minimized
public exposure to excessive noise- and, safety hazards in the airport -area. The findings
did not document the critical links between the proposal, the finding and the facts.
It- is the opinion of the ALUC, which is supported by both. legal statutes and case law, that
agencies wishing to override the Commission's findings must: (1) provide factual data and
evidence -from qu6lified sources which- essentia I ly refutes the data examined by the-ALUC
and the conclusions reached by the Commission; and, (2) demonstrate how the agenc''s
y
actions will adequately meet -the purposes of the State Aeronautics Act as specified in
Section 21670 of the Public Utilities Code.
Butte County Airport Land Use Commission,*
9
+BUTTECOUN Y AIRPORT LAND USI� COMMISSION+
--e 7 County 40enter-Dr4vei-Orovillei-CA-95965 -e - (530)-538-7601--FAX�530) 538-7-785
TO: City of Chico, Planning Department
Other Public Agencies and Interested Parties
FROM: Butte County Airport Land Use Commission
SUBJECT: NOTICE OF PUBLIC MEETING REGARDING: ALUC File No.
A99-02 (City of Chico General Plan Amendment ---and
Rezone GPA9841RZ98-5 - Drake) on APN 048-020-060 a--nd
061'
DATE NOTICE MAILED: February 9, 1999
This is your official notice that the Airport Land Use Commission will hold a public meeting on
the following matter at the time and place listed below: . 1 .1 .
HEARING DATE: February 17, 1999
TIME: 9:00 a.m.
PLACE: Board of Supervisors' Room
Butte County Administration Center
25 County Center Ddve
Oroville, CA 95965--
ALUC File No. A99-02 (Citv of Chico General Plan Amendment and Rezone GPA98-
4lRZ98-5 - Drake) on APN 048-020-060 and 061: A request for consistency findings -for
a General Plan Amendment from Low Density Residential (2.1 to 7 units/acre) to Medium
Density Residential (4 to 14 units/acre) and a Rezone from R-1, Single Family Residential
(2.1 to 7 units/acre to R-2, Medium Density Residential (4 to 14 units/acre). The 15 acre
project site is bordered on the north by Eaton Road, to the west by Ceanothus Avenue -and
to the east by a line extending the northern terminus of Cactus Avenue to Eaton Road.
The southern edge is defined by an east -west power line easement. Staff recommends
that the. Commission find the project inconsistent with the 1998 Chico Municipal Airport
Environs Plan.
If you have any further questions or desire additional information, please call Laura.Webster,
of the ALUC staff, at (916) 533-1131. At the meeting, the Commission will consider oral- and
written testimony by any interested person or affected agency and the report of staff. The
project file may be reviewed at the Department of Development Services, 7 County Center
Ddve, Oroville, Califomia.
* Butte County v Airport Land Use Commission *