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Home My WebLink About048-750-0430 Butte County Deparanent ofDe velopment Sermes Administration - AR 7 County Center Drive Oroville, CA 95965 (530) 538-7601 Telephone Applicant: $�an Mer.ritt. 9602 McAnarlinAvenue b..urham, CA,95938 Deposit Date: DEVELOPMENT SERVICES - PLANNING Deposit Receipt: File: A,02- 09, APN: AR#Q4,&750`G43 Date::A06[ 21:,- 2003 1 $300M I N V 0 1 C E A 02-09 Planning charges are captured.in arrears. At the date of this invoice, the following charges had been recorded and entered into our billing progra—M. There may be additional charges in the processing of your application that have not yet been entered into the billing program, and are not reflected on this invoice. Charges entered after this invoice date will be reflected on subsequent billings. At the time all charges are entered and billed, you will receive a FINAL INVOICE. The following charges have been applied to the processing of your application: Professional Planner $88.50 Mapping 59*.0 0` Clerical $ 11 2.50.�, Publishing TOTAL :260"00:: The deposit exceeded the amount payable by: 40600—: Butte County Code 3-44 Hourly fees; deposits; billing procedures. County code requires when the initial deposited funds are depleted to an amount equal to 25% of the original deposit, no processing of the application will occur until the applicant deposits sufficient funds to restore a balance equal to the amount of the initial deposit, or a lesser amount as determined by the Director of Development Services. In the event the applicant does not provide sufficient funds to continue processing an application, the application will be denied. Make checks payable to: Butte County Treasurer and send it to us at the above address. Should you have any questions, please call Accounts Receivable from 8:00-a.m. to 4 p.m., Monday through Friday. REFUND DUE TO YOU 40.00 K:kFISCAL ADMINOLLING LETTERSkA - MASTER FORMS\INVOICE MASTER.As Co'dn ty of Butte Orovil e, C lif6rni a a :,GENERALCLAIM; DATEOFCLAIM: April2l,-200�._' JMPORTANT: CLAIMANT. SEE INSTRUCTIONS ADDRESS: Effink, BE LOW 6TY, STATE: g6# 11 _rae SUBMIT CLAIM TO DEPARTMENT RECEIVING GOODS OR SERVICES DATE DESCRIPTION OF CLAIM (DESCRIBE FULLY TO.AVOID DELAY) AMOUNT April 21, 2003 Refund of remaining deposit.fees'o"on, Planning Appl�lcation #A 02�09, AP#.048-750- 043, Completed/Final 10/16/02 $40.ob, TOTAL, s 40.00 1, the u ndersignedi declare under penalty of perjury that the S'ervices,o'r I I articles claimed ha�e been performed or. deliver I ed, and,that th I is claim, is true and, correct as stated., Signature of Claimant 1, the undersigned, hereby certify tha t, to the best of my kn owledge, the services or articles,specified above have been performed, or delivered and that there is- a Budget AppropriatO or, Specific board Aopmval: EI(Che.c-k'dne) for the same.' Dated -this* day of 2003, at Oroville Calif. Department Head or Authorized Deputy INSTRUCTIONSTO dLAIMANTS All claims against the County must be iternized, giving dates and . character of se I r . vice rendered or work performed, quantities, description, and 6nit prices of articles furnished or delivered. C.1aims'm'ust be certified, by the.clairnant rand submitted to the Department head for approval.. Upon approval, the Department,head Will forward Claim to the.County Auditor for payment. Do Not file, wit'h'the Coul n'ty Auditor first.. Claims should be presented to officials for approval immediately upon completion of services' requested or malle,rial'ordered. Compliance with the above instructions will expedite payment.of claim.-� Failure to-do,so may delay payment. Dept. Exp., Code 440-001 Code 4210900 PAYABLE FROM GENERAL. —FUND DO NOT WRITE BELOW THIS LINE -AUDITOR'� USE ONL DEPT 8: SUB., 'PROJ-. SUB. 0131. CLAIMNO.'.. INV.,NO' 14V. DATE, 4-4CUMBER. GR'OSS AIVIT 4/21/2003 .'B�u; tte'' County Department of Developr�eht Services 12:42 PM Pre -bill Worksheet Page - - 11 Y co. Selection Criteria', Applicant (hand sel Include: A 02-09 Nickname* A 02-09 11957 Full Name Stan Merritt Address 9602 McAnarlin Avenue Durham CA 95938 Phone 1 Phone 2 Phone 3 Phone 4.. In Ref To ALUC, APN 048-750-043 (Feeney Eng. & Surveying, 1250rEast Awnue, Ste.,10, Chico, CA -95926 - 899-b409� Fees Arrg. By billing \ralue on each slip Expense Arrg. By billing \ralue on each slip Tax Profile Exempt Last bill Last charge 16/28/2002 Last payment,,- Amount $0.00 Date,- Employee Rate Hours Amount. Total ID Task Markup % DNB Time DNB Amt,, - 9/14/2002 Dolores Horn 45.00 1.50, 67:50-,---1 Billable 41338 C Clerical APPEAL - STAN MERRIT 9/28/2002 Larry P. 59.00 1.00 5:9. ;00 Billable 41410 P Processing -10/12/2002 Craig S. 59.00 88750 Billable 41480 P .1.50 Processing .10/28/2002 Dolores Horn 45.00 1.00 4500 Billable 41526 C Clerical TOTAL' Billable Fees, 5.00' $260.00 Total of billable expense slips $0.00 1 .4 % -4-24__ (40 7 /4t -77L W 4' t 4/2112003 12:42 PM A 02-09:Stan Merritt (continued) Butte County Department of Developmeht Services Pre -bill Worksheet Calculation of Fees and Costs Fees Bill Arrangement: Slips By billing value on each slip. Total of billable time slips Total of Fees (Time Charges) Total of Costs (Expense Charges) Total new charges Accounts Receivables DatellD Type Description 9/17/2002 CRED Credit - Check #3413, Receipt #20748 2182 - Total Accounts Receivable New Balance Current Unapplied Total New Balance Page 2 Amount Total $260.00 $260.00 $0.00 $260.00 ($300.00) ($300.00) $260.00 ($300.00) ($40.00) r-11 November 6, 2002 Mr. Stan Merritt 9602 McAnarlin Avenue Durham, CA 95938 RE: Application, File No. A02-09 APN# 048-750-043 Dear Mr. Merritt: At its Wednesday, October 16, 2002 meeting, the Airport Land Use Commission made. the motion to find the referenced project consistent with the 2000 Airport Land Use Compatibility Plan, subject to a Deed Notice. Please refer to the enclosed letter for additional information. Should you need additional information, please contact me at (530) 538-7604. Sincerely, Dolores Hom Secretary I dh K:\Planning\ALUC\ALUC Applic Billing Letters\Sent Letters\A02-09 102302 Merritt.doc .. .... 160un L A N D 0 F NATURAL WEALTH A N D BEAUTY AIRPORT LAND USE COMMISSION 7 COUNTY CENTER DRIVE a OROVILLE, CALIFORNIA 95965-3397 TELEPHONE: (530) 538-6571 . FAX: (530) 538-7785 www.buttecounty.net/dds/ Mr. Stan Merritt 9602 McAnarlin Avenue Durham, CA 95938 RE: Application, File No. A02-09 APN# 048-750-043 Dear Mr. Merritt: At its Wednesday, October 16, 2002 meeting, the Airport Land Use Commission made. the motion to find the referenced project consistent with the 2000 Airport Land Use Compatibility Plan, subject to a Deed Notice. Please refer to the enclosed letter for additional information. Should you need additional information, please contact me at (530) 538-7604. Sincerely, Dolores Hom Secretary I dh K:\Planning\ALUC\ALUC Applic Billing Letters\Sent Letters\A02-09 102302 Merritt.doc r] November 6, 2002 Mr. Stan Merritt 9602 McAnarlin Avenue Durham, CA 95938 9 in. L A N D 0 F N A T U R A L W E A L T H A N D -B E A U T Y AIRPORT LAND USE COMMISSION 7 COUNTY CENTER DRIVE a OROVILLE, CALIFORNIA 95965-3397 TELEPHONE: (530) 538-6571 FAX: (530) 538-7785 www.buttecounty.net/dds/ RE: Deed Notice — ALUC Application A02-09 Dear ALUC Applicant: As a condition of your recent application to the Airport Land Use Commission for a consistency review of your project, the Commission required that you include, as pari of.. any transfer of real property, a Deed Notice informing the purchaser of potential impacts associated with being near an airport. Included below is the Deed Notice that has been approved by the Airport Land Use Commission. Please include the attached wording, as a notice, in any deed transferring title to any existing parcel or newly created parcel associated with your project. If you have any questions about this matter, please do not hesitate to contact me at (530) 538-7603. A statement similar to the following should be included on the deed for any real property subject to the deed notice requirements set forth in the Butte County Airport Land Use Compatibility Plan. Such notice should be recorded by the County of Butte. Also, this Deed Notice should be included on any parcel map, tentative map, or final map for subdivision approval. The Butte County Airport Land Use Compatibility Plan identifies this parcel as being within the Airport Influence Area for Chico Municipal Airport. Properties within this area are routinely subject to overflights by aircraft using this public -use airport and, as a result, residents may experience inconvenience, annoyance, or discomfort arising from the noise of such operations. State law (Public Utilities Code Section 21670 et seq.) establishes the importance of public -use airports to protection of the public interest of the people of the State of California. Residents of property near such airports should therefore be prepared to accept the inconvenience, annoyance, or discomfort from normalaircraft operations. Deed Notice Page Two Residents also should be aware that the current volume of aircraft activity may increase in the future in response to Butte County population and economic growth. Any subsequent deed conveying this parcel or subdivisions thereof shall contain a statement in substantially this form. Sincerely, Craig Sanders Senior Planner CS:dh K:\PIanning\ALUC\AppIicant: Ltrs\Deed Notice Notification Ltrs FA October 8, 2002 Mr. Robert Feeney attle vrountg L A N D 0 F N A T J R A L W E A L T H A N D B E A U T Y AIRPORT LAND USE COMMISSION 7 COUNTY CENTER DRIVE - OROVILLE, CALIFORNIA 95965-3397 TELEPHONE: (530) 538-6571 FAX: (530) 538-7785 wwwbuttecounty.netldds/ Feeney Engineering & Surveying 1250 East Avenue, Suite 10 Chico, CA 95926 RE: Butte County Airport Land Use Commission Meeting — October 16, 2002 Dear Mr. Feeney: Enclosed please find your copy of the Agenda for the upcoming Butte County Airpor t Land Use Commission (ALUC) Meeting scheduled for October 16, 2002. This meeting will take place at 9:00 a.m. in the Supervisors' Chambers located at 25 County Center Drive, Oroville. Also, enclosed is your copy of the staff report ALUC File No. A02-09, APN 048-750-043 to be discussed at this meeting under Agenda Item E. 1. If you have additional questions, please contact me at (530) 538-7604. Sincerely, A"41W041. Dolores Horn Secretary I Fro I P Enclosures cc: Mr. Stan Merritt Ms. Claudia Sigona ALUC Balance Sheet - Page 2 P=Payment by Applicant/R=Refund to Applicant Receipt/ I Bal Amount Payrn't/ Balance ALUC JAPN No. jApplicant/Agents Check Forwardi Billed I Refund I Due I � File 20614 A02 -07 048-020-109 Drake Homes 19879 300.00 $300.00 6/18/02 P.O. Box 1448 300.00 $300.00 Chioco, CA 95927 300.00 300.00. 300.00 $300.00 Jay Hanson, Assoc Plner 300.00 $300.00 City of Chico/Box 3420 300.00 $300.00 Chico, CA 95927-0617 300.00 $300.00 Total Due 895-4858 20642 A02-08 007-260-091 John and Sharon Byrne 6907 300.00 $300.00 7115/02 3336 Keefer Road 300.00 $300.00 (5'h-ico, CA 95973 300.00 $300.00 300.00 $300.00 300.00 $300.00 300.00 $300.00 300.00 $300.00 T-otal,Due 20748 , - , � 't. A02-09' t 0-48-750-043 Stan Merrift, 3413 300.00 $300.00 9/17/02 9602 McAnarlin Avenue 300.00 $300.00 Durham, CA 95938 300.00 $300.00 300.00 $300.00 Feeney Engineer. & Survyng 300.00 $300.00 1250 East Avenue, Ste 10 300.00 $300.00 Chico, CA 95926 300.00 $300.00 899-0409 A02-10 300.00 $300.00 300.00 $300.00 300.00 $300.00 300.00 $300.00 300.00 $300.00 300.00 $300.00 300.00 $300.00 A02-11 300.00 $300.00 300.00 $300.00 300.00 $300.00 300.00 $300.00 300.00 $300.00 300.00 $300.00 300.00 $300.00 A02-12 300.00 $300.00 300.00 $300.00 300.00 $300.00 300.00 300.00, 300.00 $300.01 300.00 $300.001---1 � �_ /) - aA, pol q zt�� RECEPT I T.IL. DATE I NO. ECEIVE 4 p 4 ()yS, - ) 5-o -oq 3 OFFICIAL RECEIPT COUNTY OF BUTTE STATE OF CALIFORNIA OFFICE OF PLANNING RECEIPT 20748 ISSUED BY RECEIVED FROM 11 P I ROJECT SUMMARY SHEET PILE #: A02-09 AP #: 048-750-043 APPLICANT: Stan Merritt Ph. 321-7826 ADDRESS: 9602 McAnarlin Avenue, Durham, CA 95938 OWNER: (Applicant) REPRESENTATIVE: Feeney En2ineering Ph. 899-0409 o -7, '!�;O -0 ADDRESS: 1250 East Avenue, Suite 10, Chico, CA 95926 PROJECT DESCRIPTION LOCATION: Tentative subdivision map to create ei%!ht single-family residential lots on approx. 1.61 acres located at 2704 Marigold Avenue. The densi of this prooect is 4.97 units per acre. PLAN DESIGNATION: 1. Appjication submitted: 9/16/02 Amount: 300.00 Receipt #20748 Photocopy of deposit check received 2. eomments (sent to received from): 3. Staff Report (date prepared by): 10 Staff Report in file X 4. P ished: (date / specify where) Hearing Notice, if published 5. ALUC Commission Hearing(s): 10/16/02 Agenda Action taken: Found to be Consistent E] Found to be Inconsistent Notes/Special Conditions: kK 0 6. XMinutes CLOSED FILES: F—] Billed out date Received Check Amount: $ Receipt # F-1 Sent them Refund or F-1 Check box if County -initiated ----"Exempt from fees" K:\Planning\ALUC\BILLINGS\PROJECT SUMMARY SHEET.doc F 1] 41 BUTTE COUNTY AIRPORT LAND USE COMMISSION Minutes of October 16, 2002 PLEDGE OF ALLEGIANCE A. - B. ROLL CALL Present: Chair Walhich, Commissioners Harp, Rosene, Lambert, Grierson and Baldridge; Alternate Commissioners Greenwood,* Papadakis, and Rothe. Absent: Commissioners Hatley; Alternate Commissioners Hennigan, Roberson, Dilley, and Sherwood. Others Present: Barbara Hennigan Stan Merritt Nick Kukulica Craig Sanders, Senior Planner Dolores Horn, Secretary I C. APPROVAL OF THE DRAFT MINUTES FOR THE AUGUST 21,2002 MEEETING Chair Wallrich referred to page one of the August 21, 2002 draft minutes and asked Mr. Sanders if there was a Deed Notice proforma available for review by the Airport Land Use Commission (ALUC). Craig Sanders responded that he is continuing to research the Deed Notice document. Chair Wallrich stated that locating the Deed Notice would need to be a priority since A-LUC applications have been approved with this requirement. Chair Wallrich suggested that staff and the ALUC meet separately to discuss this matter and reach a solution as soon as possible. It was moved by Commissioner Harp, seconded by Corhmissioner Rosene, -and unanimously carried to adopt the minutes of the August 21, 2002 meeting as presented. D. ACCEPTANCE OF THE AGENDA A motion was made by Commissioner Grierson, seconded by Corrunissioner Rosene, and unanimously carried to accept the Agenda as presented. E. . BUSINESS ITEMS 1TEMS WITH PUBLIC HEARING 1. ALUC File No. A02-09 Stan Merritt, APN 048-750-043: A consistency review for a proposed Tentative Subdivision Map to divide 1.66 acres into 8 parcels. The property is zoned R-1 and the lots will be developed with single-family residences. The site is located on the east side of Marigold Avenue, approximately 1/4mile north of the East Avenue, Chico. Mr. Craig Sanders presented the staff report. He added that the report had eight parcels but at the request of the City of Chico Fire Department, the applicant revised the map to nine parcels to include a "cul-de-sac" instead. of a "T-tumaround." Mr. Sanders explained that the property is located within the airport area of influence and is in Compatibility Zone "C." He further stated that this zone calls for a split density of.compatible residential uses with a low density option of one dwelling unit per 5 acres and a higher density option of 4 or more dwelling units per acre. Mr. Sanders added that this project came in at the 4.8 dwelling units per acre and now with 9 parcels, it will be over 5 dwelling units per acre. T,&. Sanders concluded his presentation and recommended the Comr-nission find the project consistent and compatible with the intent and policy of the 2000 Airport Land Use Compatibility Plan subject to the finding and conditions located in Exhibit A that includes a Deed Notice and an ALUC-approved Disclosure Notice. Commissioner Lambert asked Mr. Sanders what would be the appropriate correction for Exhibit A to reflect the applicant's change of 8 dwelling units to 9. She asked that for approval, would it necessary to make corrections under SECTION 2: CONSISTENCY FINDINGS FOR PROPOSED PROJECT, updating "8 single -single residential lots to 9 single-family residential lots" and also under SECTION 3: 'PROJECT FINDINGS, update "4.8 dwelling units per acre" to "5 plus dwelling units per acre" Mr. Sanders responded that the report could state that it exceeds the required 4 dwelling units per acre. Commissioner Lambert asked that under Section 2 should read "9 single-family" and 5.4 dwelling units per acre would be the correct figures. Commissioner Harp addressed Chair Wallrich and brought attention to Appendix G-3 page in the CLUP Handbook for the sample Deed Notice that was discussed earlier. Chair Wallrich asked if this form is being provided to the developers. Mr. Sanders responded that for future applications, Appendix G-3 on page G-7 of the 2000 Butte County Airport Land Use Compatibility Plan could be referenced for a Deed Notice condition. Chair Wallrich concurred and requested that Mr. Sanders make it a priority for previously approved ALUC Applicants. Chair Wallrich added that the Deed Notice could be emailed to the Commissioners to determine if there are any issues. Commissioner Grierson asked that since ALUC has put requirements onto Area C, has the City of Chico stopped handling projects administratively and everything comes directly to 0 Airport Land Use Commission 0 Minutes of Meeting of October 16, 2002 0 Page 2 m ALUC for review. Chair Wallrich stated that ALUC is waiting for the City of Chico to make this change in responsibility. Commissioner Grierson stated that there were some projects that would go to the secretary of the Airport Land Use Commission who would approve on an administrative basis such as this project. Mr. Sanders responded that those projects were, not considered a maJor land use action and any land division that created more than 4 parcels was still considered a major land use action. He added that if the project was 4 parcels or less, it could be handled administratively by the City of Chico. Chair Wallrich stated that once the City of Chico accepts the 2000 Airport Land Use Compatibility Plan (ALUCP). then this becomes straightforward. Alternate Commissioner Papadakis stated that since the City of Chico has not adopted the 2000 ALUCP, he believes that the ALUC applicants should comply with the conditions of the CLUP, which includes the Deed Notice and all other conditions that apply. Mr. Sanders explained that the Department of Development Services is currently reviewing projects since the City of Chico has not adopted the CLUP yet. Chair Wallrich stated that once the City of Chico adopts the CLUP, the ALUC would not review these types of projects. Mr. Sanders responded affirmatively. Commissioner Lambert asked Mr. Sanders if Commissioner' Papadakis' condition is appropriate, as suggested, to add the statement that ALUC applicants should comply with the CLUP. Mr. Sanders replied that that is what the Commission was here today to accomplish. Commissioner Lambert suggested that updates be made to Exhibit A — Butte County Airport Land Use Commission Consistency Finding for ALUC File No. A02-09, Stan Merritt, APN 048-50-043, reflecting 9 single-family residential lots with an average density of 5.4 dwelling units per acre. Chair Wallrich requested that the meeting minutes reflect that the project is approved at 1.66 acres into 8 or more parcels with the condition of a Deed Notice, Appendix G-3 and Disclosure Notice of the 2000 ALUCP. Chair Wallrich opened the hearing to public. comments. There being no comments, the hearing was closed. A motion was made by Commissioner Grierson, seconded by Commissioner Rosene and passed unanimously to find'ALUC Application A02-09 (Stan Merritt) consistent with the 2000 Airport Land Use Compatibility Plan based on the staff report with the amended Exhibit A, Findings Report and subject to a Deed Notice and Disclosure Document. The project, A02-09,' Stan Merritt, was found consistent with amended findings: SECTION 1: ENVIRONMENTAL FINDINGS A. No environmental documentation was submitted at the time of project review. SECTION 2: CONSISTENCY FINDINGS FOR PROPOSED PROJECT 0 Airport Land Use Commission 0 Minutes of Meeting of October 16, 2002 N Page 3 n A. The proposal to subdivide 1.66 acres into 8 or more single-family residential lots with an average density of 5.4 dwelling units per acre is compatible with the 2000 Airport Land Use Compatibility Plan for the Chico Municipal Airport _ SECTION 3: PROJECT FINDINGS: A. , The project site is located in Airport Compatibility Zone "C" as listed in the 2000 Airport Land Use Compatibility Plan (ALUCP) for the Chico Municipal Airport. B. The resulting residential density will be approximately 5.4 dwelling units per acre which is consistent with the recommended allowable density for Compatibility Zone SECTION 4: PROJECT CONDITIONS: 1. Provide a deed notice for the sale of all resulting lots notifying purchasers of the proximity of the airport and the potential' for possible noise related impacts in an ALUC-approved disclosure notice. 2. ALUC File No. AOI -05 Consistencv Findin2 for Verizon Wireless Communications, A_PN 007-270-022 : A consistency review to allow an 18 -foot extension to an existing 102.5 -foot Wireless communications tower. The site is located on the east side of State Highway 99, approximately 1,000 feet just north of the Cohasset interchange, Chico. Craig Sanders stated that this item was reviewed by the ALUC in October 2001. He added the project was to allow an 18 -foot extension on an existing wireless telecommunications station near Highway 99 near the North Valley Plaza Mall. The Commission was required to review this project because the tower was going to be over 100 feet in height and W. as in Compatibility Zone "D." Mr. Sanders further added that. an airspace review is required for structures greater than 100 feet. He added that the ALUC, at that time, found the project consistent providing some lighting such as a red flashing light was placed on the top of tower. Mr. Sanders explained that the City of Chico's code related to the lighting of towers in urban areas prohibits lights and flashing. lights on towers unless required by Federal Aviation Administration (FAA) requiremei-its. He added that the applicant has been dealing with the City of Chico to determine if a code amendment is feasible to allow the lighting requirement. Mr. Sanders further stated that the City of Chico has responded and they are not interested in changing their code or having the tower light within the City area. He added that they are concerned with its incompatibility with City lighting,' residential uses, and potential annoyances from the tower light. Mr. Sanders decided to present the project to the ALUC to pursue any kind of option or for this applicant. n Airport Land Use Commission E Minutes of Meeting of October 16, 2002 0 Page 4 Chair Wallrich asked Mr. Sanders who is the authority to make a change to this structure located next to the Highway 99. Mr. Sanders responded that the City of Chico would have to amend the City Zone Code to change a regulation. He added that could be initiated by the City Council or by the planning staff. Chair Wallrich responded that this private enterprise is caught in the middle, and the light might make sense from a safety standpoint. Chair Wallrich added that perhaps this lighting issue is a matter that the Commission will need to pursue as a general requirement. Commissioner Grierson stated that he recalled a discussion about marking and lighting of cell towers out in the field and that past Commissioner Bob Hennigan explained that anything 35 feet above its surrounding environments should be marked and lighted because of crop dusters and others. Commissioner Grierson added that Verizon's tower is penetrating 80 feet above surrounding objects. He also explained in the event of an accident on Highway 99, the most logical place to land would be the parking lot of the North Valley Mall, and there would be an unlighted pole 80 feet beyond its surrounding environment. Commissioner Grierson stated that is it not required by the FAA, the City of Chico Code, or the CLUP, but it is a common sense decision and that is why he supports it. Mr. Sanders stated that the ALUC does not have the authority to have the City of Chico change its code. Chair Walhich suggested that perhaps a letter from the ALUC could be written to the City of Chico to explain the issues that have been raised at today's meeting and wait for the City's response. He asked Mr. Sanders if the City of Chico has contacted the airport commissions. Mr. Sanders responded that the ALUC applicant, Verizon Wireless, could address this question. Chair Wallrich opened the hearing to the public comments. Nick Kukulica from Verizon Wirelesg stated that Verizon's position was to ensure they are in compliance with all agencies. Mr. Kukulica added that he has worked with the City of Chico's Planning Department to ask the City, on two occasions, what their position was on their City Code Ordinance. The Chico City Council referred the matter to their Committee and in both cases the Committee stated they were not going to amend their ordinance on the lighting of cellular towers. Mr. Kukulica further added that evidently there was a problem with another tower a few years prior in a residential area. Mr. Kukulica explained that the reason he was before the ALUC was to request the removal of the condition placed by the Commission in 2001 so Verizon's Conditional Use Permit could be granted by the City of Chico's Planning Department. He added that he is well aware of the hazards in the field and in cities and as a representative of Verizon he wishes to comply with that too. Mr. Kukulica also added that he had presented various ideas, but the City of Chico does not find them acceptable and they do not wish to amend their ordinance. 0 Airport Land Use Commission 0 Minutes of Meeting of October 16, 2002 0 Page 5 Chair Wallrich stated that perhaps one approach would be to inforra the City of Chico of ALUC's position that placing a light on the tower is the proper thing to do from a public safety point of view. He added that ALUC's requirement would remain in place and suggested that Verizon Wireless could move forward on their permit process and make a provision for the lighting at their design phase for installation at a later time. Mr. Kukulica responded that the tower extension has already been designed with the light in mind. Commissioner Baldridge asked Mr. Sanders if the City of Chico has changed the complete City Code with no option of an exceptiori. Mr. Sanders replied that a change to Section 19.78.120 of the City of Chico code would be necessary. He added that the City of Chico might amend it to allow for an exception or provision for lighting under certain circumstances, but as it reads now it is straightforward and not ambiguous. Commissioner Lambert asked Mr. Sanders if there was a two-year time limit to meet conditions. Mr. Kukuklica stated'Verizon has not been issued the Conditional Use Permit by the City of Chico due to the condition placed by the ALUC. He added that when it is issued, then there is a two-year period to build the extension for this project. The City of Chico informed Verizon that the condition'had to be removed. Alternate Commissioner Greenwood cautioned his fellow Commissioners not to do an exception for safety reasons. He added from his work experience, a conditional use permit is issued and then the condition is never met. Alternate Commissioner Greenwood stated that the City of Chico was wise not to issue the permit until this issue is resolved. He added that sometimes projects do not forward because the all the conditions cannot be met. Commissioner Grierson stated that at the staff level there is no support, but it may have to be appealed to the City of Chico Council. Chair Wallrich recommended that the ALUC help move this issue forward by establishing a committee. Commissioner Rosene asked the fellow Commissioners where does the liability fall if ALUC allows Verizon to go forward. He added that the liability comes back on ALUC and not on the City of Chico. Commissioner Rosene further added that he agreed with Commissioner Greenwood that this is ' sue should be resolved with the City of Chico beforehand. Chair Walhich responded that it may take another year to accomplish this. Commissioner Rosene replied that if the Commission had been aware of the situation perhaps they could have acted sooner. Chair Wallrich responded that we are making a common sense decision when we required the lighting condition. Commissioner Rosene replied that the ALUC has a moral obligation to do what is right. He suggested that Mr. Sanders provide the names of who to correspond to with the City of Chico to request they amend their restrictions since it appears this has not been done. Chair Wallrich stated that there is, not a recornmendation from staff, so obviously it is not an easy issue. 0 Airport Land Use Commission 0 Minutes of Meeting of October 16, 2002 E Page 6 w 0 - 0 Commissioner Grierson explained that Enloe Hospital's helicopter transits through the area at a higher altitude and other agencies, such as the California Highway Patrol, Butte County Sheriff s Department, California Department of Forestry, and others also traverse that route. Chair Wallrich stated that ALUC could solicit additional support when the matter is presented to the City of Chico. Commissioner Harp asked what FAA standard is. The Commission responded that is was 200 feet. He added that the FAA has concluded that 200 feet is a safety issue and a red light should be added, and we as ALUC are stating that we are going to do something different than what the FAA states. Commissioner Rosene responded that the FAA has no say of where houses go around airports; they will allow in -fill of housing units where they obstruct and interfere with the airport. He added that the FAA does not always know what is right and do not get involved with this type of issue. Comrnissioner Harp further stated the Commission is second-guessing the FAA and perhaps they have put some thought into this issue. Commissioner Rosene responded to Commissioner Harp by stating that the line drawing is the reason ALUC exists. He explained ALUC understands local knowledge and the activities of the airport and sometimes there are "gray areas" and he believes this is one of them. He added he would prefer to err on safety and require*a light on the tower than risk an aircraft clipping the tower en route to an emergency situation. Chair Wallrich requested that this matter be extended for 30 days to provide the ALUC an opportunity to deal with the City of Chico and to seek support from other agencies as Commissioners Grierson and Lambert mentioned previously. He added that ALUC could deal with this issue on a committee basis. Commissioner Lambert requested that the committee solicit comments and support from these agencies. Chair Wallrich stated to Mr. Kukulica that the ALUC is not prepared to make a decision. Mr. Sanders explained that evidence shows that after 12 months the City of Chico is not interested in changing the code but perhaps can be persuaded by ALUC. He added if they wish to pursue the FAA to determine if their regulation could be amended, it would be a minimum of 120-150 days. Commissioner Greenwood asked Mr. Kukulica if a formal request or appeal has been presented to the Chico City Council. Mr. Kukulica responded "No." Commissioner Greenwood stated his recommendation would be to have ALUC send written correspondence directly to the City Council for Verizon to use in their appeal process. He also suggested that the applicant also write a letter to the City Council that this matter be put on the agenda and the City Council would then have to address it. Chair Wallrich asked Mr. Sanders if 30 days is the right time frame to complete the investigative work and determine a course of action. Mr. Sanders responded that the course of action would be to send a letter to the City Council. He added that a letter could also be sent to the FAA if is believed to be fruitful; he believes it would not since it falls out of their area of operation. Mr. Sanders also stated that ALUC does not need. 0 Airport Land Use Commission N Minutes of Meeting of October 16, 2002 0 Page 7 n. 0 .1 . 0 to take any action today if it is going to leave the requirement as it was originally approved. Chair Wallrich stated that ALUC needs to come to some agreement. He added that inevitably, there would be other towers to deal with in the near future. Mr. Sanders stated that if another tower was under 100 feet it would not come to ALUC. He added that it would not require the airspace review and therefore no lighting would be required. Nick Kukulica stated to ALUC that there would probably be. more tower extensions of 20 feet or 30 feet. Mr. Sanders responded that most jurisdictions are going with fewer poles and encouraging co -locations. Commissioner Lambert asked Mr. Sanders if ALUC is required to take an action to reaffirm ALUC's previous position of requiring the tower to add a red light. Mr. Sanders replied that ALUC does not need an action to reaffirm its previous position. He added if ALUC would like to decide on a course of action outside of this position to try to resolve this issue with the City of Chico, then staff needs direction. Commissioner Baldridge proposed to. establish a committee and he would volunteer to a member to draft a letter and contact the other interested agencies to forward to the City Council for an appeal. Chair Wallrich stated Mr. Kukulica that he could start the appeal process. Chair Wallrich named the- committee members to be Commissioners Grierson and Baldridge, and Chair Wallrich. Chair Walhich stated that ALUC is taking no action. Mr. Kukulica responded that he would move forward with the appeal process with the City Council. Chair Wallrich again stated that we are taking no action related to the Verizon, ALUC File Application No. AO 1 -05. Alternate Commissioner Papadakis stated that the City of Chico allows flagpoles to be constructed and floodlit at night. He added that he was not aware of arestriction of the flagpole but this argument could be brought up even though he does not think it is the answer for this application. Ms. Barbara Hermigan stated that there is- a great deal of pertmient information about the number of accidents that occur to public -use helicopters in the line of duty. She added that this information should be part of the packet to the City of Chico and can be obtained from Enloe Hospital. Ms. Hennigan also added there were previous discussions years ago regarding towers above surrounding terrain and bow they can become a hazard in twilight or smoky conditions for public -use aircraft. Ms. Hennigan provided an example where the target drop height for CDF or airtankers is 40 feet above the ground. She added that as a community we owe something to try to protect the lives of those risking their lives to save ours. She further stated this can be a valid argument when presented to the Chico City Council and it should be able to trump the aesthetics at some point. There being no further questions, the public hearing was closed. 0 Airport Land Use Commission 0 Minutes of Meeting of October 16, 2002 N Page 8 n Chair Wallrich stated that there will be no action and that a committee of three (Chair Wallrich and Commissioners Baldridge and Grierson) has been established to pursue this matter at a separate committee meeting. F. WORK IN PROGRESS Disclosure Document Proforma Craig Sanders distributed the Disclosure Document, Appendix K, for the Commission members to review. The comm ' ittee members of Commissioners Baldridge and Rosene will review the document to discuss it at next month's November ALUC meeting. Chart Noise CoMlaints on GIS Mt. Sanders had posted the GIS map that plotted the noise complaints identified by small asterisks. Commissioner Grierson asked Mr. Sanders if he recalls the last date of a noise complaint for this map was filed. Mr. Sanders responded that he did not. Commissioner Grierson requested Mr. Sanders send an email with this information to him to ensure the information is current. Commi*ssioner Grierson stated that looking at the map, the complaint locations are identified by red asterisks and there are no surprises; it is obviously at the end of the runway. Mr. Sanders responded that the information is mapped in the GIS system and readily available. Chair Wallrich asked Commissioner Grierson if the GIS mapping of noise complaints should be maintained. Commissioner Grierson responded that itwould be a good idea because he recalled that a previous ALUC. applicant believed that there were no noise complaints generated by the airport and that was news to him.. Commissioner Grierson stated he would like this information available without identifying individual names because of privacy issues. Mr. Sanders added that the GIS database includes the type of complaint received. Commissioner Grierson, responded that it is would be a good- reference. Conu-nissioner Grierson added that perhaps this task could be done for the other airports because it would help in development areas. Chair Wallrich stated that this project could be removed from the "Work in Progress" section. CLUP Document Conunissioner Grierson stated that he had brought up the CLUP Document issue at the previous ALUC meeting in October, so annual amendments to the Document could be discussed before the end of the calendar year. Commissioner Lambert stated a list of amendments was started some time ago. Commissioner Grierson stated that another item for the list would be elevations for towers and lighting. He added ALUC might want to incorporate this'issue as a policy in one of the four appendices of the ALUCP Document. He finther added that if is it to be formally adopted this year, it should be accomplished by December 2002. 0 Airport Land Use Commission 0 Minutes of Meeting of October 16, 2002 0 Page 9 m Commissioner Lambert stated she had f6und some notes regarding the CLUP. She added one item was brought up in October 2001 to consider amending the CLUP's in -fill policy to allow densities consistent with the City's General Plan. She added that another note was to identify the in -fill area only once by the appropriate jurisdiction. Mr. Sanders responded that he does concur with the in -fill policy and there are some questions that bear revisiting. Chair Wallrich requested that the ALUC Commissioners compile all of the notes to establish a list. He added that we are in October and have two months. to go until the end of the year. Mr. Sanders responded that staff will need to come back with a list of CLUP revision items for the November 20, 2002 meeting to allow them time to consider them and have an option for continuing it for more information into December 2002. Mr. Sanders stated that the County will be coming forward in either December.or January 2003 with their General Plan and Compatibility Update to come into compliance with the Airport Land Use Compatibility Plan for the ALUC to review. % . Commissioner Walhich stated that members who have CLUP Document issues bring them forward to Mr. Sanders to include in the November's ALUC Meeting for discussion. Mr. Sanders responded that when he has all of the information he will confirm with Chair Wallrich before moving forward to discuss at the next meeting. Commissioner Lambert asked for the status in of the Chico Master. Plan since the County is not coming forward with theirs. Chair Wallrich responded that a letter went out a couple of months ago to the City of Chico to miquire on the status of the adoption of the Chico Master Plan. Commissioner Grierson addressed the status of the Chico Master Plan and stated there are no changes to what has been presented from the public meetings and from the recommendation of the technical -advisory committee from last summer to adopt the Plan. Commissioner Grierson added that the U.S. Fish and Wildlife review of the Environmental Document resulted in 26 different points to be far beyond what the City of Chico has been traditionally required to do. Commissioner Grierson stated that the City of Chico is entering into pre - engineering of runway extensions, re-routing of creeks, and dealing with meadow foam and spade -footed toads among other issues. He also stated that the City of Chico has entered into contracts to hire consultants to do the preliminary design, which is not normally done until the grant money has been received. Commissioner Grierson stated that he does not have a date for the ALUC since the City of Chico is dealing with 26 different projects. Chair Wallrich stated that at least Butte County is moving forward on the Master Plan and he had thought the City of Chico would move faster on it. Commissioner Baldridge asked if there is a state law that the City of Chico has to override the Master Plan or adopt it within 90 days. Commissioner Rosene responded to a question from the Commission that the City of Chico has not approved the Master Plan by acting on it. Mr. Sanders agreed with this statement. 0 Airport Land Use Commission 0 Minutes of Meeting of October 16, 2002 E Page 10 0 0 Commissioner Lambert asked Mr. Sanders if the City of Chico agreed to send all projects to the ALUC. Mr. Sanders stated "yes." He added that they are sending all major land use actions to the ALUC. Chair Walhich asked Mr. Sanders if the ALUC has any recourse to have the City of Chico adopt their Master Plan. Mr. Sanders responded that he spoke with Ken Seidler two weeks ago from the City of Chico regarding this issue and he stated to Mr. Sanders that he would have liked to be further along on the General Plan but other issues and priorities had come forward. Commissioner Rosene suggested that when the new Chico City Council is established that ALUC send a reminder letter to the City that two years ago the City of Chico was legally given 180 days to adopt the Master Plan and now it is,850 days without an adoption. Chair Wallrich stated that ALUC has been pursuing this matter for some time. Alternate Commissioner Papadakis suggested that ALUC request staff to start reviewing the Chico Master Plan and begin formulating a list of inconsistencies in the event the City of Chico is ready for ALUC to review their Plan, and ALUC will be ready. Chair Wallrich asked Mr. Sanders if that is a viable option. * Mr. Sanders responded that the Commission could look at the Master Plan at any time, and he does not foresee any major changes to the Plan itself; it is a matter of working through the environmental documents. He added that he does not anticipate any incompatibles or changes since the Airport Land Use Compatibility Plan (ALUCP) was done. Mr. Sanders explained that a draft of the plan was used and he did not think significant changes have occurred. He added the length of the runaways and the thresholds were taken into consideration when the ALUCP was adopted. Commissioner Grierson stated that a copy of the draft plan of the ALUCP that was provided to the Technical Committee in June or July 2002 was al ' so sent to ALUC. He added that the plan is very short compared to the Environmental Document. Commissioner Lambert stated that at least ALUC could begin reviewing the Plan and agendize it. Commissioner Grierson agreed to agendize it if the Commission is not concerned with the. environmental side of it. Mr. Sanders stated that he could also send a copy of the Plan to ALUC. Commissioner Lambert asked if there was a list or summary of the environmental concerns. Commiissioner Grierson stated that he could include a copy of the letter from the U.S. Fish and Wildlife. Mr. Sanders stated there are biological and botanical types of concerns and does not see those related to airport functions and airport land use compatibility. Chair Wallrich stated that the draft of the Master Plan would be on the agenda for the November 20, 2002 meeting. Chair Wallrich requested that CLUP amendments be added to the "Work in Progress" section for discussion at next month's November meeting and notes for the CLUP be forwarded to Mr. Sanders for next month's meeting. Caltrans Handbook Chair Wallrich stated that there is a CD available if anyone would like to receive a copy. Commissioner Lambert added that the document is also on the Internet for viewing. 0 Airport Land Use Corrunission E Minutes of Meeting of October 16, 2002 E Page I I m Chair Wallrich stated the Resolution for M.A. Meleka has been completed and will be available for the November 20, 2002 meeting. Deed Notice Chair Wallrich stated that Mr. Sanders would work on this document. He added he would email the document toALUC to review as has been adopted and ensure all applicants within the last 4-6 months receive a copy of the Deed Notice. Mr. Sanders added that, in the future, reference will be made to Appendix G for the Deed Notice to ALUC applicants and staff will forward a copy to the past ALUC applicants. G. MONTHLY STATUS REPORT The Monthly Status Report was submitted for review with the October 16, 2002 mailing. H. COMMITTEE APPOINTMENTS Chair Wallrich stated that a committee has been established for the lighting issue of the Verizon Wireless tower. The Committee members are Chair Wallrich and Commissioners Grierson and Baldridge. 1. ALUC ADMINISTRATIVE LOG Mr. Sanders discussed a letter written to Jim Michael, Caltrans Division of Aeronautics, related to the Hog Ranch Airport. He stated that it is located just northwest of the Butte Creek Country Club. Mr. Sanders explained it was a private strip and Cliff Johnson was using it for a period of time and that Mr. Johnson had made an application to the County to make it a special use airport to allow up to six separate owners to use the airport. Mr. Sanders stated that the County did not have the provisions for approving the request given the zoning for the area, and Caltrans did not approve the request either. The current single owner is seeking to protect their rights to use it as a single private use airstrip. He added that they asked Caltrans to issue a private use airport permit that it is conditioned to limit it to one person only and that is the property owner named Mike Brown. Commissioner Grierson mentioned that Jim Michael from Caltrans did retire recently. Mr. Sanders responded the he was aware of that fact and mentioned that this was one item he was trying to resolve before retiring. Mr. Sanders informed ALUC that legislation signed in September 2002 by the Governor that will require a real estate disclosure for the sale and transfer of any properties within the airport's area of influence does not go into effect until January 2004. He added that Butte County Department of Development Services currently provides a disclosure to a number of agencies and individuals and that the department would begin handing out this disclosure to include the airport. Chair Wallrich asked Mr. Sanders if there was additional inforination regarding the Stevens Property and the pending lawsuit. Mr. Sanders responded that he has received conflicting N Airport Land Use Conunission 0 Minutes of Meeting of October 16, 2002 0 Page 12 m information on this matter. He added that County Counsel had made a decision that the County could not move forward with approving a tentative map until the lawsuit was resolved. Mr. Sanders added that County'Counsel has amended that position and stated that a tentative map could be approved and a condition applied and the subdivision could not be built and filed until resolved. Mr. Sanders also added that the subdivision could go through a tentative process with that condition. J. CORRESPONDENCE AND COMMISSION ANNOUNCEMENTS None. K PUBLIC COMMENT ON ITEMS NOT ALREADY ON THE AGENDA Chair Wallrich opened it to the public. Mr. Gerst stated that he was concerned aboutthe Caltrans Handbook's guidelines and the County's adopted 2000 ALUCP. Mr. Gerst stated that he would suggest establishing a committee to review the Handbook. He added that the Handbook's guidelines mainly effect the clear zones and by -patterns and they are inconsistent with the State. Mr. Gerst stated that he heard about a Santa Rosa court case where a developer wanted to build a high-density project in the clear zone near the airport but the judge ruled that the CLUP was not consistent with the State. He added that the judge ruled the County had to make the CLUP consistent with the State guidelines. Mr. Gerst suggested a committee might want to investigate it further. Chair Wallrich stated that Mr. Brody worked on the Caltrans Handbook and he is the same person who worked on the CLUP. He asked Mr. Sanders if Mr. Brody could offer assistance in this matter'. Mr. Sanders responded that it is a handbook and there are no requirements to adopt an Airport Plan exactly as the Handbook describes. Mr. Sanders added that if ALUC finds the adopted plan is significantly different or more restrictive than what the Handbook would indicate, ALUC might want to revisit those areas and look at this court case. Chair Wallrich stated that significant differences would need to be addressed since the Handbook has been used against ALUC on several occasions. Comr-nissioner Grierson stated the most important thing is if the new CLUP is going to look like the new plan. Commissioner Grierson added that Mr. Brody had stated in the introduction of the Caltrans Handbook that the Handbook is intended as a suggestion. He further added the most important thing the methodology ALUC had used to establish zones and density criteria. Conu-nissioner'Grierson said those were fairly well spelled out throughout based on the studies of crash analysis and also on noise. Chair Wallrich stated that if there were some major issues, now would be the time bring forward amendments or if there are some simple things to do to do help clarify matters. Chair Wallrich added that he did not know if there was sufficient time to accomplish this by the end of the year. 0 Airport Land Use Commission 0 Minutes of Meeting of October 16, 2002 E Page 13 m 9 Chair Wallrich asked Mr. Sanders if he could check with Mr. Brody to determine if there were obvious issues that were changed so ALUC can compile a list and address them in a timely manner. Mr. Sanders answered that he could contact Mr. Brody for this information. L. OTHER BUSINESS Commissioner Grierson stated a concern regarding the grading and clearing of property on Cohasset, south of Lupine on the east side of the roadway that is classified as Area B2. Commissioner Grierson also stated that he does not recall anything that came to ALUC for review. Mr. Sanders responded that- it was a tentative subdivision or parcel map approved under the City of Chico and it did not come to ALUC, but he would need to research it further. Mr. Sanders added that it is a residential subdivision named Thomasson or Thompson but was not sure. Mr. Sanders recalls that it was approved under an in -fill and surrounding properties average parcel. Chair Wallrich requested that this item be placed under the "Work in Progress" section of next month's meeting. There being no finther comments, the public hearing was closed. M. CLOSED SESSION None. N. ADJOURNM[ENT There being no fin-ther business to discuss, Chair Wallrich adjourned the meeting at 10:45 a.m. ORT AND ION Donald Wallrich, Chair Minutes prepared by Dolores Horn, Secretary I. 0 Airport Land Use Commission 0 Minutes of Meeting of October 16, 2002 N Page 14 w ,BUTTE COUNTY AIRPORT LAND USE COMMISSION 7 County Center Drive, Orovifle, CA 95965 w (530) 5384604 FAX (530) 538-7785 REGULAR MEETING OF THE COMMISSION Location: Butte County Administration Building, Supervisors' Chambers 25 County Center Drive, Oroville, California Date/Time: Wednesday, October 16,*2002 — 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 August 21, 2002, 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 HEARINd' 1. ALUC File No. A02-09 Stan Merritt, APN 048-750-043: A consisiency review for a proposed Tentative S " ubdivision Map to divide 1.66 acres into 8 parcels. The property is zoned R-1 and the lots will be developed with single family residences. The site is located on the east side of Marigold Avenue, approximately 1/4mile north of the East Avenue, Chico. 2. ALUC File No. AOI -05 Consistencv Findin2 for'Verizon Wireless Communications APN 007-270-022 : A consistency review to allow an 18 -foot extension to an existing 102.5 - foot wireless communications tower. The site is located on the east side of State Highway 99, approximately 1,000 feet just north of the Cohasset interchange, Chico. F'. Work In Progress • Disclosure Document Proforma. The Disclosure Document Subcommittee members are Commissioners Baldridge and Rosene. • Chart noise complaints on GIS. • CLUP Document. • CALTRANS Airport Handbook Airport Land Use Commission - Agenda - Page I G. Monthly Status Report. H. , . Committee Appointments. I. ALUC Administrative Log. J. Correspondence and Commission Announcements. K. Public Comment on Items Not Already on the Agenda — (Presentations will be limited to five minutes. The Airport Land Use Commission is prohibited by state lawfrom taking action on any item presented if it is not listed on the agendd.) L. Other Business. M. , Closed Session. N. Adjournment. Any disabled person needing special accommodation to participate in the Commission proceeding is requested to contact Dolores Horn, Secretary I, at (530) 538-7604 prior to the meeting and arrangements will be made to accommodate you. *Copies of the agenda and documents relative to an agenda item may be obtainedfrom the Clerk of the Commission at cost Of $0.25for thefirst page and $0.06for each additional page. RULES APPLYING TO PUBLIC COMMENTS 1. Members of the public wishing to address the Commission upon any subject within thejurisdiction ofButte ALUC may do so upon'receiving recognitionftom the Chair at the appropriate time. 2. Comment on items not on the agenda should be made afthe time indicatedfor "Public Comment" on the agenda. The Commission may not act on any matter so raised and will have to put off action until a meeting at which the matter can be put on the agenda. 3. Comment on specific agenda items may be made during the discussion of that agenda item, upon recognition by the Chair. 4. After receiving recognition, please approach the podium and state your name and address at the microphone before making your presentation, so that the Clerk may take down this information. 5. All documents to be presented to the Commission shall be given to the,Clerk of the Commission (original and seven copies) prior to Call of Order of meeting. Such documents shall be distributed to the Commission and made availablefor public inspection. This Agenda was mailed to those requesting notice andposted 72 hours in advance of the meeting, at thefollowing locations: Butte County Administration Building, front entrance and glass case. - - Airport Land Use Commission - Agenda - Page 2 AGENDA ITEM - E.1. TO: Honorable Chair and Airport Land Use Commission FROM: ALUC Staff DATE: October 9, 2002 ITEM: AILUC File No. A02-09 Stan Merritt, APN 048-750-043: A consistency review for a proposed Tentative Subdivision Map to divide 1.66 acres into 8 parcels. The property is zoned R-1 and the lots will be developed with single family residences. The site is located on the east side of Marigold Avenue, approximately '/4mile north' of the East Avenue, Chico. FOR: Airport Land Use Commission Meeting on October 16, 2�02 SUMMARY: Staff recommends that AL UCfind the project consistent with the 2000 Airport Land Use Compatibility Plan for the Chico Municipal Airport. BACKGROUND: The property is withinthe incorporated limits of the City of Chico. The current General Plan land use designation is Low Density Residential and the zoning is R-1 - Low Density Residential and is developed with a single family residence and accessory structures. ' The sit6s located approximately 13,200 feet of the south end of runway 13L-3 1 R and approximately 13,5 00, feet frorn,the south end of runway 13R-3 1 L of the Chico Municipal Airport. The property is within the Chico City Limits and the applicant has submitted a Tentative Subdivision Map appli ' cation tothe City. The average residential density for this project would be 4,8 dwelling units per acre. ANAILYSIS: According to the 2000 Airport Land Use Compatibility Plan (ALUCP) for the Chico Municipal Airport, the property is located in a Traffic Pattern Compatibility Zone "C" - Traffic Pattern Zone. Two categories of compatible residential densities exist'in Zone C. The two categories are: very low density (I dwelling unit per 5 or more acres) and higher density (4 or"more dwelling units per acre). This two -option criterion is based on a determination that the intrusiveness of aircraft noise is the most significant compatibility factor in Zone "C"; safety is only a minor concern. The concept is that noise concerns can be minimized either by limiting the number of dwellings in the affected area or by allowing high densities which tend to have comparatively high ambient noise levels. The resulting average density for the proposed project, at 4..8 dwelling units per acre, would be compatible with the provisions of Compatibility Zone "C" and the 2000 ALUCP. Environmental Documentation: No environmental documentation has been completed for this proj ect. AFButte County AFAirport Land Use Commission AF RECOMMENDATION: Staff recommends that the Butte County Airport Land Use Commission find ALUC File No. A02-09 (Merritt TSM) consistent with the 2000 Airport Land Use Compatibility Plan for the Chico Municipal Airport. Exhibits: A: Findings B: List of References C: Project Location illustrated on the Chico Municipal Airport Compatibility Map D: Tentative Subdivision Map K:\ALUC\MEETfNGS\2002\10-16\Merritt.doc AFButte County NAirport Land Use Commission AF 2 EXHIBIT A BUTTE COUNTY AIRPORT LAND USE COMMISSION - CONSISTENCY FINDINGS FOR: ALUC File No. A02-09: Stan Merritt APN 048-50-043 The'Airport Land Use Commission has prepared the following findings based on data contained in the 2000 Airport Land Use Compatibility Plan (ALUCP) for the Chico Municipal Airport, 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 (City of Chico) when making a decision on the project. SECTION 1: ENVIRONMENTAL FINDINGS A. No environmental documentation was submitted at the time of project.review. .1 SECTION 2: CONSISTENCY FINDINGS FOR PROPOSED PROJECT A. The proposal to subdivide 1.66 acres into 8 single-family residential lots with an average density of 4.8 dwelling units per acre is compatible with the 2000 Airport Land Use Compatibility Plan for the Chico Municipal Airport SECTION 3: PROJECT FINDINGS: A. The project site is located in Airport Compatibility Zone "C" as listed in the 2000 1 Airport Land Use Compatibility Plan (ALUCP) for the Chico Municipal Airport. B. The resulting residential density will be approximately 4.8 dwelling units per acre which is consistent with the recommended allowable density for Compatibility Zone "C." SECTION 4: PROJECT CONDITIONS: 1. Provide a deed notice for the sale of all resulting lots notifying purchasers of the proximity of the airport and the potential for possible noise related impacts in an ALUC-approved disclosure notice. NButte County RAirport Land Use Commission N 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: Butte County 2000 Airport Land Use Compatibility Plan R. Dixon Speak Associates - Prepared Butte County Airport Facilities Plan. 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. AFButte County AFAirport Land Use Commission AV 0 Butte County Airport Land Use Commission .7 County Center Drive Oroville, CA 95965 September 12, 2002 RE: Request for ALUC Review - Marigold Gardens Subdivision (Merritt), 2704 Marigold Avenue, Assessor's Parcel -No. 048-750-043 'With this letter, the City of Chico Planning Division is forwarding a Butte County Airport Land Use Commission (ALUC) application for consistency findings for the above -referenced project. In addition to the application and a check for $300, enclosed for your review is a location map, a preliminary site plan, and a copy of the compatibility zone map which identifies the project site as within the outer boundary of Zone C. We would appreciate your assistance in scheduling this item for the next available ALUC meeting. I The project consists of a tentative subdivision map to create eight single-family residential lots on approximately 1.61 acres located at 2704 Marigold Avenue. The subject property is developed with a s ingle-family residence. The density of this project is 4.97 units per acre. The subject area is designated as Low Density Residential (2.01 to 6 dwelling units per acre) and is zoned R1 Low Density Residential. The project is consistent with General Plan policies which encourage infill development and a compact urban form. Your assistance in processing this application would be greatly appreciated. Any questions may be p directed to Bob Summerville, Associate Planner at (530) 895-4788. Sincerely, Claudia Sigona. Senior Planner ATTACHMENTS cc: Stan Merritt, 9602 McAnarlin Ave, Durham, CA 95938 Feeney Engineering, 1250 East Ave, Ste. 10, -Chico, CA 95926 S02716 File S:\CLAUDIA\Letters\ALUCapplicationLTR2.wpd E EHE SEP 16 2002 BUTTE COUNTY-. 03 Made From Recycled Paper commuwrY DE7ELOPMENT DEPARTMENT PLANNING 411 Main Street J ClTy6FCHICO P.O. Box 3420 1W:. 187Z Chico, CA 95927 (530) 895-4851 FAX (530) 895-4726 ATSS 459-4851 Butte County Airport Land Use Commission .7 County Center Drive Oroville, CA 95965 September 12, 2002 RE: Request for ALUC Review - Marigold Gardens Subdivision (Merritt), 2704 Marigold Avenue, Assessor's Parcel -No. 048-750-043 'With this letter, the City of Chico Planning Division is forwarding a Butte County Airport Land Use Commission (ALUC) application for consistency findings for the above -referenced project. In addition to the application and a check for $300, enclosed for your review is a location map, a preliminary site plan, and a copy of the compatibility zone map which identifies the project site as within the outer boundary of Zone C. We would appreciate your assistance in scheduling this item for the next available ALUC meeting. I The project consists of a tentative subdivision map to create eight single-family residential lots on approximately 1.61 acres located at 2704 Marigold Avenue. The subject property is developed with a s ingle-family residence. The density of this project is 4.97 units per acre. The subject area is designated as Low Density Residential (2.01 to 6 dwelling units per acre) and is zoned R1 Low Density Residential. The project is consistent with General Plan policies which encourage infill development and a compact urban form. Your assistance in processing this application would be greatly appreciated. Any questions may be p directed to Bob Summerville, Associate Planner at (530) 895-4788. Sincerely, Claudia Sigona. Senior Planner ATTACHMENTS cc: Stan Merritt, 9602 McAnarlin Ave, Durham, CA 95938 Feeney Engineering, 1250 East Ave, Ste. 10, -Chico, CA 95926 S02716 File S:\CLAUDIA\Letters\ALUCapplicationLTR2.wpd E EHE SEP 16 2002 BUTTE COUNTY-. 03 Made From Recycled Paper 9--i - . I - - .... . , . A Proposed Land Use &,sid cAi 6obchizi-sinn c -t (describe) For Residential Uses Number of Parcels or Units on Site (including secondary units) (Ots For Other Land Uses Hours of Use �J N umber of Maximum Number People on Site... Method of Calculation N Height Data Height above Ground of Tallest Object (including antennas(� �ees) 'ZO Highest Elevation.(above sea level) of Any Object or Terrain on Site Flight Hazards Does the project involve any characteristics which could create 0 Yes ErNo Electrical interference, confusing lights, glare,. smoke,.or other Electrical or visual hazards to aircraft ffight? Does the project have the potential for attracting birds? 0 Yes R(No If yes to either, describe 5- - W B �,. W.0701. _�N Date Received 0 -Z, Type ofp,rqj.ect..., Agency Name a�� Df 01 CIO General Plan Amendment Ck-YJ �J W�c 1 .51 Zoning Amendment or fil Variance Staff Contact 5,0\z summev vt' He, -Subdivision Approval Phone N I umber' Use Permit Agency's Project No. Public Facility Other Signature 44-zi Date /0 —0a (Applicant or Agent) Locadon Ln 1 300 0 - - --3DO 600 900 1200 1500 . 1800 210D 2400 2700 Feet BUTTE COUNTY AIRPORT LAND USE CONMISSION Applicant: Stan Merritt Owner: Sam Hearing Date: October 16, 2002 @ 9:00 anL Existing Zone: C4 of Chico N Supervisorial Request.Cmistency rerview for a proposed Tentative Subdivision Map to divide 1.66 acres into 8 parcels. District# 3 1 Assessor Parcel No: 04&750-W3 Fm: A 02-0 EXHIBIT C _t SCOOTER L -KONXD SuWect Site ak JDF 0 fo SCOLES, LN io c 7-777, . . . . . . . . . . LOCATION MAP 400 .0 400 Feet S 02-16NAR 02-3 (Merritt) W+, 2704 Mariciold Ave, APN 048-750-043 R GIS