Loading...
HomeMy WebLinkAboutAIRPORT OVERLAY ORDINANCE DATED 12/27/02Airport Overlay Ordinance Section 24-236 "AO" (Airport Overlay) Zone (A) Purpose and Intent: This district classification is intended to be used as an overlay zone which shall be overlaid onto other zoning districts to establish the boundaries of an Airport Area of Influence. Consideration must be given to the operations of the four public use airports in the County of Butte: Chico Municipal Airport, Oroville Municipal Airport, Paradise Skypark Airport, and Ranchaero Airport. The provisions of this Section are established to achieve the following purposes: (1) To provide for the safe and orderly development of Chico Municipal Airport, Oroville Municipal Airport, Paradise Skypark Airport, and Ranchaero Airport by protecting users of the airports from hazardous encroachments into the Airport Areas of Influence and preventing the creation of hazardous encroachments into defined airspaces; (2) To comply with the requirements of the California Public Utilities Code to protect the public health, safety, and welfare by ensuring the orderly expansion of airports and the reasonable reduction of the public's exposure to hazards associated with the operation of airport facilities; (3) To implement the policies of the Butte County Airport Land Use Compatibility Plan; (4) To protect persons and property within the Airport Areas of Influence for Chico Municipal Airport, Oroville Municipal Airport, Paradise Skypark Airport, and Ranchaero Airport from unreasonable hazards or impacts associated with airport operations; (5) To implement the goals, objectives, and policies of the Comprehensive Zoning Ordinance and the General Plan. (B) Application: (1) All lands on which the uses could be negatively affected by present or future. aircraft operations at the following airports in Butte County, as well as lands on which the uses could negatively affect these airports: (a) Chico Municipal Airport (b) Oroville Municipal Airport (c) Paradise Skypark Airport (d) Ranchaero Airport (2) The specific limits of the influence area for each airport are depicted on the respective Compatibility Map for that airport, which are included as Figures 24- 236-1, 24-236-2, 24-236-3, and 24-236-4. Draft — Subject to Revision 1 27 December 2002 Insert Figure 24-236-1— Chico Compatibility Map Draft — Subject to Revision 2 Draft — Subject to Revision 3 27 December 2002 Insert Figure 24-236-3 - Paradise Compatibility Map Draft — Subject to Revision 4 27 December 2002 Insert Figure 24-236-4 — Rancliaero Compatibility Map (3) The site and environs of any new airport which may be proposed anywhere in the county, and which requires an Airport Permit from the California Department of Transportation (agricultural airports, personal -use airports, and seaplane landing sites are generally exempt from state permit requirements). (4) The site and environs of any public -use or special -use heliport (as defined by the California Department of Transportation) which may exist or be proposed anywhere within Butte County. (5) The standards are minimum requirements and shall not be construed td. prevent the County Board of Supervisors, Planning Commission, or the Director from imposing, as part of a project approval, specific conditions which may be more restrictive, in order to meet the intent of these regulations. (6) Where there exists a conflict between any of the standards of limitation prescribed in this Section and any other provisions of Section 24-236, the more stringent standard of limitation shall prevail. (C) Uses Permitted: All uses allowed by the zoning district with which the Airport Influence Area Overlay Zone is combined, to the extent that those uses are consistent with the compatibility criteria set forth in Table 24-236-2 unless otherwise provided herein. (D) Development Standards: Use of property within an Airport Overlay Zone sh, with the compatibility criteria set forth in Table 24-236-2, and also with the standards of the zoning. district with which the Airport Overlay Zone is comt extent that those standards are consistent with the criteria identified in Table Section 24-236.010 Definitions (A) Aeronautics Act — Except as indicated otherwise, the article of the California Utilities Code (Sections 21670 et seq.) pertaining to airport land use commis; (B) Airport — The Chico Municipal Airport, Oroville Municipal Airport, Paradise Skypark Airport, and Ranchaero Airport, or any other new public -use airport might be created within the boundaries of Butte County. comply to the (C) Airport Influence Area — An area, as delineated herein, which is routinely affected by aircraft operations at an airport and within which certain land use actions are _ subject to ALUC review. (D) Airport Land Use Commission (ALUC) - The Butte County Airport Land Commission. (E) Airport Land Use Commission Secretary — The Director of the Butte County Departmer of Development Services or a person designated by the director with the concurrence of the ALUC chairman.'. (F) Aviation -Related Use — Any facility or activity directly associated with the air transportation of persons or cargo or the operation, storage, or maintenance of aircraft at an airport or heliport. Such uses specifically include runways, taxiways, and their Draft — Subject to Revision 6 27 December 2002 associated protected areas defined by the Federal Aviation Administration, aircraft aprons, hangars, fixed base operations, terminal buildings, etc. with (G) Avigation Easement — An easement which conveys rights associated with aircraft overflight of a property, including creation of noise, limits on the height of structures and trees, etc. (H) Community Noise Equivalent Level (CNEL) — The noise metric adopted by the state of California for evaluating airport noise impacts. The noise impacts are typically depicted by a set of contours, each of which represents. points having the same CNEL value. (I) Compatibility Plan — The Butte County Airport Land'Use Compatibility Plan. (J) Compatibility Zone — Any of the zones set forth herein for the purposes of assessing land use compatibility within the airport influence area. (K) Existing Land Use - A land use which either physically exists or for which local government commitments to the proposal have been obtained; that is, no further discretionary approvals are necessary. Local government commitment to a proposal can usually be considered firm once one or more of the following have occurred: 1. A tentative parcel or subdivision map has been approved and the original period (before any time extensions are submitted) within which the approval is valid has not expired; 2. A vesting tentative, parcel or subdivision map has been approved; 3. A development agreement has been approved and remains in effect; 4. A final subdivision map has been recorded; 5. A use permit or other discretionary entitlement has been approved and not yet expired; or 6. A valid building permit has been issued. (L) Federal Aviation Regulations (FAR) Part 77 — The part of Federal Aviation Regulations which deals with objects affecting navigable airspace in the vicinity of airports. Objects which exceed the Part 77 height limits constitute airspace obstructions. (M) Height Review Overlay Zone — Areas of land in the vicinity of an airport where the ground lies above an FAR Part 77 surface or less than 35 feet beneath such surface. (1) Heliport — A helicopter landing facility for which a Heliport Permit is required from the California Department of Transportation. Public -use and special -use heliports (including those at hospitals) are included within this definition, but helipads. located on' an airport are excluded. (0) Infill — Development of vacant or underutilized land within areas which are largely developed or are used more intensively. I Draft — Subject to Revision 7 2Il December 2002 (P) Local Jurisdiction — Butte County or any city or other government agency (except agencies of the state or federal government) having jurisdiction over land uses within their boundaries. (Q) Major Land Use Action — Actions related to proposed land uses for which compatibility with airport activity is a particular concern, but for which ALUC review is not always mandatory under state law. These types of actions are listed in Table 24-236-1. (R) Noise Level Reduction (NLR) — The outside -to -inside sound level attenuation provided by a structure. (S) Nonconforming Use — In general, a land use, parcel, or building which does not comply with a current land use plan or zoning ordinance, but which was legally permitted at the time this ordinance was'adopted. For the purposes of this Ordinance, a nonconforming use is one which exists as of the Ordinance adoption date, but which does not conform with the compatibility criteria set forth herein. (T) Project; Land Use Action; Development Proposal — Terms similar in meaning and all referring to the types of land use matters, either publicly or privately sponsored, which are subject to the provisions of this Ordinance. Section 24-236.020. Types of Airport Impacts (A) This Airport Overlay Ordinance is concerned only with the potential impacts related to the following: (1) Exposure to aircraft noise; (2) Land use safety with respect both to people on the ground and the occupants of aircraft; (3) Protection of airport airspace; and (4) General concerns related to aircraft overflights. Section 24-236.030 Referral to the Butte County Airport Land Use Commission To ensure the orderly and compatible development of land within the airport influence areas for Chico Municipal Airport, Oroville Municipal Airport, Paradise Skypark, and Ranchaero Airport, the land use development applications listed in Table 24-236-1 of Section, shall be referred to the ALUC for a determination of consistency with the Compatibility Plan. (A) Prior to an action being taken by the decision -maker with authority over the project, land use applications listed in Table 24-236-1 shall be referred to the ALUC: 1. If the ALUC determines that the project is consistent, or if amended, would be consistent, with the Compatibility Plan, the project may proceed with the applicable development review process; 2. If the ALUC determines that the project is not consistent with the Compatibility Plan, the County Board of Supervisors shall become the decision -maker, for the project: Draft — Subject to Revision 8 27 December 2002 TABLE 24-236-1 PROJECTS TO BE REFERRED TO THE BUTTE COUNTY AIRPORT LAND USE COMMISSION. Projects for which ALUC review is mandatory: • Adoption of or amendment to the Butte County General Plan or a specific plan affecting the property within an airport influence area. • Adoption or approval of a zoning ordinance or building regulation which (1) affects property within an airport influence area, and (2) involves the types or airport impact concerns specified in Section 24- 236.20. Any proposed change or variance to any such ordinance or regulation also must be submitted for ALUC review if issues of noise, safety, airspace protection, and overflight as specified in Section 24.236.40. • Adoption or modification of the master plan for an existing public -use airport. • Any proposed expansion of an existing airport or heliport if such expansion will require an amended airport permit from the State of California. • Any proposal for a new airport or heliport whether for public use or private use if the facility requires a State Airport Permit. • Redevelopment of a property for which the existing uses are consistent with the general plan and/or specific plan, but nonconforming with the compatibility criteria set forth in the Compatibility Plan. Projects for which ALUC review may be warranted: Any of the following actions affecting land uses within an airport influence area: • Any proposed expansion of a special district; • Proposed residential development, including land divisions, consisting of five or more dwelling units or parcels; • Any discretionary development proposal for projects having a building floor area of 20;000 square feet or greater; • Proposed land acquisition by a government entity for any facility accommodating a congregation of people (i.e., school or hospital); • Any off -airport, nonaviation use of land within Compatibility Zone A; ` r • Proposals for new development (including buildings, antennas, and other structures) having a height of more than: .. Draft — Subject to Revision 9 27 December 2002 - 35 feet within Compatibility Zone B1 or a Height Review Overlay Zone; - 70 feet within Compatibility Zone 132; or - 100 feet within Compatibility Zones C and D. • Any obstruction reviewed by the FAA in accordance with Part 77 of the FAA Regulations which receives a finding of anything other than "not a hazard to air navigation." • Any project having the potential to create electrical or visual hazards to aircraft in flight, including: - Electrical interference with radio communications or navigational signals; - Lighting which could be mistaken for airport lighting;. - Glare in the eyes of pilots of aircraft using the airport; and - Impaired visibility near the airport. • Projects having the potential to attract an increased number of birds to the vicinity of an airport. • Proposed nonaviation development of airport property if such development has not previously been included in an airport master plan or general plan reviewed by ALUC. • Regardless of location within Butte County, any proposal for construction or alteration of a structure (including antennas) taller than 200 feet above the ground level at,the site. • Any other proposed land use action, as determined by the County, involving a question of compatibility with airport activities. a. The original decision -maker shall make a recommendation to the County Board of Supervisors on whether the project is consistent with the purposes of Section 21670 of Article 3.5 of the State Public Utilities Code, as cited in subsection'b.i- ii of this section, below. b. The County Board of Supervisors may approve, approve with conditions, or deny the project. However, if the project involves an amendment to the General Plan, adoption of a specific planor policy plan or a substantial amendment to such a plan, or involves the adoption of a zone change or adoption or amendment to the Zoning Ordinance, or involves an exception to the airport height limits as specified in Section 24-236.050(C)(1), approval shall require that the County Board of Supervisors, after a public hearing, overrule the determination of the ALUC by a four-fifths vote of the governing body, and make the fmding that the project is consistent with the purposes of Section 21670 of Article 3.5 of the State Public Utilities Code, which includes the following: Draft — Subject to Revision 10 27 December 2002 i. That the project is consistent with the goals and objectives of the Airport Noise Standards, and would not result in the creation of. and safety hazards; and ii. That the project would not result in the public being exposed noise and safety hazards. California new noise excessive (B) A project referred to the ALUC for review shall not be required to be submitted at more than one stage of the planning process, provided that sufficient information is included with the first referral to ensure that the applicable compatibility criteria may be evaluated and unless the design of the project substantially changes. Section 24.236.040 Review Criteria for Land Use Actions (A) Primary Compatibility Criteria The primary compatibility criteria for assessing whether a project, as specified junder Section 24.236.30, is to be judged compatible with a nearby airport are set forth in Table 24-236-2. The criteria set forth in Table 24-236-2 shall be used in conjunction with the compatibility standards specified in Sections 24-236.070, 247236.080, 24-236.090, and 24-236.100. (B) Persons Per Acre. (1) Calculations of the number of persons per acre shall include all people who may be on the property (e.g., employees, customers/visitors, etc.), both indoors and outdoors. The calculations shall be based upon one or more criteria that include the number of parking spaces provided for the use, the maximum occupancy allowed by adopted building codes, and/or (for non-standard types of development) a survey of similar uses in other jurisdictions. Sample calculations based upon parking spaces and upon building codes are provided in Appendix D of the Compatibility Plan. (2) "Average" density'is the usage intensity indicated in Table 24-236-2, times the gross acreage of the site. The total number of people permitted on_a project site at any time shall not exceed the indicated average density for the zone in which the projects site is located, except rare special events (such as an air show at an airport) for which) a facility not designated and normally not used and for which extra safety precautions can be taken as appropriate. Clustered development shall not result in density or intensity of use on any single acre that exceeds the indicated average density. (3) "Per Acre" density is the maximum number of people who may occupy any single acre of the project site. This standard also applies to clustered development. For purposes of this standard, areas to be evaluated shall be squares (e.g., 209 feet by 209 feet for a 1 -acre area) to the extent possible. (4) `Bonus" is the increase in persons per acre that may be permitted upon approval of a use permit by the Planning Commission if the building design reduces risks to occupants, in the, event of an aircraft collision with the building by incorporating specific design features. These design features are specified under Section 24-236.050 (5)(A) Draft — Subject to Revision 11 I I 27 December 2002 , . TABLE 24-236-2 PRIMARY COMPATIBILITY CRITERIA Maximum Densities / Intensities Additional Criteria B2 Extended 50.2 50 100 130 20% ➢Children's schools,10 day care centers," Other Uses . Approach/ (average parcel libraries (including mobile homes) and buildings with Departure size z5.0 acres) ➢Hospitals, nursing homes (people/ac) a Zone No No ➢Highly noise -sensitive uses (e.g. outdoor the- ➢Airspace review required for objects >70 feet Airport Environs Limit Limit aters) tall * Height Review Req'd ➢Hazards to flight 9 : >Deed notice required Overlay' Residential Aver- Single with Open 10% ,➢Children's schools, 10 day care centers*, ll. Other Development Zone Locations (du/ac) r age 6 Acre 7 Bonus 8 Land' Prohibited Uses ° Conditions 5 A Runway Protection 0 10 Not Not All ➢All structures except aeronautical facilities ➢Avigation easement dedication Zone and Appli- Appli- Remaining with location set by FAA criteria within Building cable cable ➢Assemblages of people Restriction Line ➢Objects exceeding FAR Part 77 height limits ➢Aboveground bulk storage of hazardous materials ➢Hazards to flight 9 BI Approach/Departure 150.1 25 50 Not 30% ➢Children's schools, 10 day care centers, 11 ➢Locate structures maximum distance from Zone and (minimum Appli- libraries extended runway centerline Sideline Zone parcel size cable ➢Hospitals, nursing homes ➢ Minimum NLR of 25 dB in residences and >_10.0 acres) ➢Highly noise -sensitive (e.g. outdoor the- buildings with noise -sensitive uses 13 _uses aters) ➢ Airspace review required for objects >35 feet - ➢Aboveground bulk storage of hazardous tall 14 materials 12 ➢Avigation easement dedication - ➢Hazards to flight 9 B2 Extended 50.2 50 100 130 20% ➢Children's schools,10 day care centers," ➢Minimum NLR of 20 dB in residences . Approach/ (average parcel libraries (including mobile homes) and buildings with Departure size z5.0 acres) ➢Hospitals, nursing homes noise -sensitive uses 13 Zone No No ➢Highly noise -sensitive uses (e.g. outdoor the- ➢Airspace review required for objects >70 feet Airport Environs Limit Limit aters) tall * Height Review Same as Underlying ➢Hazards to flight 9 : >Deed notice required Overlay' Compatibility Zone Appli-cable : Compatibility Zone tall 14 , C Traffic Pattern (1) 50.2 100 300 390 10% ,➢Children's schools, 10 day care centers*, ll. ➢Deed notice required i (average parcel libraries ➢Airspace review required for objects >100 size >_5.0 acres) ➢Hospitals, nursing homes feet tall or 15 ➢Hazards to flight 9 (2) z4'0 (average parcel size <_0.2 acres) D Other No No No ➢Hazards to flight 9 ➢ Airspace review required for objects >100 Airport Environs Limit Limit Req't feet tall * Height Review Same as Underlying Not Same as Underlying ➢Airspace review required for objects >35 feet Overlay' Compatibility Zone Appli-cable : Compatibility Zone tall 14 , ➢Avigation easement dedication required Notes: 1 Residential development should not contain more than the indicated number of dwelling units (both primary and secondary) per gross acre. With clustering, some parcels may be much smaller than others as long as the maximum overall density criterion is not exceeded. Clustering of units is encouraged in Compatibility Zones B2 and C. See Section 24-236.050(B)(3). 2 Usage calculations shall include all people who may be on the property (e.g., employees, customers/visitors, etc.) both indoors and outside. These criteria are intended as general planning guidelines to aid in determining the acceptability of proposed land uses. See Section 24-236.040(B). - 3 Open land requirements are intended to be applied with respect to an entire zone. See Section 24-236.050(B)(2). 4 The uses listed here are ones which are explicitly prohibited regardless of whether they meet the intensity criteria, unless such prohibition is precluded by applicable state statutes. In addition to these explicitly prohibited uses, other uses will normally not be permitted in the respective compatibility zones because they do not meet the usage intensity criteria. 1 5 Airport proximity and the potential for aircraft overflights should be disclosed as part of all real estate transactions involving property within any of the airport influence area zones. Easement dedication and deed notice requirements apply only to new development. See Section 24-236.050(C)(2). 6 The total number of people permitted on a project site at any time, except rare special events, must not exceed the indicated usage intensity times the gross acreage of the site. Rare special events are ones (such as an air show at an airport) for which a facility is not designed and normally not used and for which extra safety precautions can be taken as appropriate. 7 Clustering of nonresidential development is permitted except in Zone A. However, no single acre of a project site shall exceed the indicated number of people per acre. See Section 24-236.050(B)(3). 8 An intensity bonus may be allowed in Zones B2 and C if the building design includes features intended to reduce risks to occupants in the event of an aircraft collision with the building. See Section 24-236.050(B)(4). 9 Hazards to flight include physical (e.g., tall objects), visual, and electronic forms of interference with the safety of aircraft operations. Land use development which may cause the attraction of birds to increase also is prohibited. See Section 24-236.050(C). 10 For the purposes of these criteria, children's schools include through grade 12. See Section 24-236.050(B)(1). 11 Family day care homes (as defined by state law) are permitted in all Compatibility Zones except Zone A. Noncommercial day care centers ancillary to a place of business are permitted in Compatibility Zones B2 and C provided that the overall use of the property meets the indicated intensity criteria. See Section 24-236.050(B)(1). 12 Storage of aviation fuel'and other aviation -related flammable materials on an airport is exempted from this criterion. Storage of up to 2,000 gallons of nonaviation flammable materials also is exempted. See Section 24-236.050(B)(1). 13 NLR = Noise Level Reduction; the outside -to -inside sound level attenuation which the structure provides. See Section 24-236.050(A). 14 Objects up to 35 feet in height are permitted; however, the Federal Aviation Administration may require marking and lighting of certain objects. See Section 24- 236.050(C)(1). 15 Two options are presented for residential densities in Compatibility Zone C. Option (1) requires an average parcel size of at least 5.0 gross acres. Option (2) requires a density of at least 4.0 dwelling units per acre (an average parcel size no greater than 0.2 gross acres). In locations where only one of these options is considered acceptable, the compatibility maps in Chapter 3 of the Compatibility Plan show either a C(1) or a C(2) symbol. In locations where either option is allowed, the map is marked with just the letter C. In the latter locations, the choice between the two options is at the discretion of the local land use jurisdiction. All other criteria for Zone C apply to both the C(l) and C(2) designations. This two -option criterion is based upon 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 concemscan be-minimized-either-by-limiting-the-number"o1 dwellings -in -the -affected -area -or -by -allowing -high -densities -which -tend -to have comparatively high ambient noise levels. (C) Special. Conditions (1) Infill — In Compatibility Zones B2 and C where development not in conform Section 24-236 already exists, additional infill development of similar land i allowed to occur even if such land uses are prohibited. elsewhere in the zone where additional infill development are allowed to occur are depicted on the which are included as Figures 24-236-5a and 24-236-5b. .e with may be ie areas ill Maps, (2) Nonconforming Uses — Uses not in conformance with this Section shall be exp i ded as follows: a. Nonconforming residential uses may be expanded in building size provided 'that the expansion does not result in more dwelling units than currently exist on the parcel. b. A nonconforming nonresidential development maybe continued, modified, transferred, or sold, provided that no such use shall be expanded in area or i in intensity above the levels existing at the time of adoption of this Section. c. Any proposed expansion of a nonconforming use shall be subject to ALUC (3) Reconstruction — An existing nonconforming development which has been fully or partially destroyed as the result of a calamity may be rebuilt under the following conditions: a. Nonconforming residential uses may be rebuilt provided that the expansion does not result in more dwelling units than existed on the parcel at the time of the calamity. b. A nonconforming nonresidential development may be rebuilt, even if completely destroyed, provided that the reconstruction does not increase the floor area of the previous structure or result in an increased intensity of use. c. Reconstruction under sub -sections a. and b. above must begin within 12 months and be completed with 24 months of the date that the calamity occurred. Upon request, the ALUC may grant an extension of these time limits. d. The above provisions do not apply within Zone A or where such reconstruction would be in conflict with the General Plan or Zoning Ordinance... e. Nothing in sub -sections a. -d. is intended to preclude work required for maintenance and repair. (4) Development by Right — Nothing in Section 24-236 prohibits construction or alteration of a single-family home on a legal lot of record if such use is permitted by local land use regulations. -Construction of other types of uses also may proceed if local government approvals, based upon pervious ALUC project review, effectively qualify the development as existing. (5) Parcels Lying within Two or More Compatibility Zones — For the purposes of evaluating consistency with the compatibility criteria set forth in Table 24-236-2, any parcel which is split by compatibility zone boundaries shall be considered as if it were multiple parcels divided at the compatibility zone boundary line. However, the intensity of development Draft — Subject to Revision 15 27 December 2002 Draft — Subject to Revision allowed within the more restricted portion of the parcel can be transferred to the less restricted portion even if the resulting development in the latter area exceeds the criteria for that compatibility zone. I Section 24-236.050 Supporting Compatibility Criteria For the purposes of reviewing proposed projects as specified in Table 24-236-1, the compatibility criteria contained within, even if such land uses are prohibited elsewhere in the zone, are sufficient. However, certain complex land use actions may require more intensive review and the following'criteria will be used to supplement the criteria specified in Table 24-236-2: (A) Noise (1) The noise contours depicted in Figures 24-236-6, 24-236-7, 24-236-8, and 24-236-9 shall be used in calculating compliance with the criteria set forth in Section 24-236. (2) Noise Exposure in Residential Areas — Except for south of Chico Municipal Airport, the maximum CNEL considered normally acceptable for residential uses in the vicinity of the airports is 55 dB. The maximum normally acceptable CNEL for land uses south of Chico Municipal Airport is 60 dB. (3) Noise Exposure for Other Land Uses — Noise level compatibility standards for other types of land uses shall be applied in the same manner as identified under sub -section (1) above. Acceptable noise levels for other land uses in an airport's vicinity are specified in Table 24-236-3. 1 (4) Interior Noise Levels - Land uses for which interior activities may be easily disrupted by noise shall be required to comply with the following noise criteria: a. The maximum, aircraft -related, interior noise level which shall be consid acceptable for land uses near airports is 45 dB CNEL in: i. Living and sleeping areas of single- or multi -family residences; ii. Hotels and motels; iii. Hospitals and nursing homes; iv. Churches, meeting halls, office buildings, and mortuaries; and V. Schools, libraries, and museums. b. Calculations for determining interior noise levels should assume that windows are closed. c. When reviewed as part of a general plan or zoning ordinance amendment ori as a major land use action, evidence that proposed structures will be designed to comply with the above criteria shall be submitted to the ALUC under the following circumstances: i. Any mobile home situated within an airport's 55 -dB CNEL contour. ii. Any single- or multi -family residence situated within an airport's 60-� CNEL contour. Draft — Subject to Revision 18 27 December 2002 Insert Figure 24-236-6 — Chico Noise Contours Draft — Subject to Revision 27 December 2002 Insert Figure 24-236-7 Oroville Noise Contours Draft — Subject to Revision 20 27 December 2002 Insert Figure 24-236-8 — Paradise Noise Contours Draft — Subject to Revision 21 27 December 2002 iii. Any hotel or motel, hospital or nursing home, church, meeting hall, office building, mortuary, school, library, museum, or other noise -sensitive nonresidential use situated within an airport's 65 -dB CNEL contour. (5) Construction of New or Expanded Airports or Heliports — Any proposed conshiuction of a new airport or heliport or expansion of facilities at an existing airport or heliport which would result in a significant increase in cumulative noise exposure shall include measures to reduce the exposure to a less -than -significant level. For purposes of Sections 24-236, a noise increase shall be considered significant if: a. In locations having an existing ambient noise level of less than 55 dB CNEL, the project would increase the noise level by 5 dB or more. b. In locations having an existing ambient noise level between 55 and 60 dB CNEL, the project would increase the noise level by 3 dB or more. c. In locations having an existing ambient noise level of more than 60 dB CNEL, the project would increase the noise level by 1.5 dB or more. Draft — Subject to Revision 23 27 December 2002 TABLE 24-236-3 NOISE COMPATIBILITY CRITERIA CNEL (dB) Land Use Category 50-55 55-60 60-65 65-70 70-75 Residential single-family, nursing homes, mobile ++ — — — — — — homes ' multi -family, apartments, condominiums ++ o — — — — — Public schools, libraries, hospitals + o — — — - — churches, auditoriums, concert halls + o o — — transportation, parking, cemeteries ++ ++ ++ + o Commercial and Industrial offices, retail trade ++ + o o — service commercial, wholesale trade, ++ ++ + o 0 warehousing, light industrial general manufacturing, utilities, ++ ++ ++ + + extractive industry Agricultural and Recreational cropland ++ ++ ++ ++ + livestock breeding ++ + o o — parks, playgrounds, zoos ++ + + o — golf courses, riding stables, water ++ ++ + o o. recreation outdoor spectator sports ++ + + o — amphitheaters + o — — — — — Land Use Acceptability Interpretation/Comments ++ Clearly Acceptable The activities associated with the specified land use can be carried out with essentially no interference from the noise exposure. + Normally Acceptable Noise is a factor to be considered in that slight interference with outdoor activities may occur. Conventional construction methods will eliminate most noise intrusions upon indoor activities. o Marginally Acceptable The indicated noise exposure will cause moderate interference with outdoor activities and with indoor activities when windows are open. The land use is acceptable on the condition that outdoor activities are minimal and construction features which provide sufficient noise attenuation are used (e.g., installation of air conditioning so that windows can be kept closed). Under other circumstances, the land use should be discouraged. Normally Unacceptable Noise will create substantial interference with both outdoor and indoor activities. Noise intrusion upon indoor activities can be mitigated by requiring special noise insulation construction. Land uses which have conventionally constructed structures and/or in- volve outdoor activities which would be disrupted by noise should generally be avoided. -- Clearly Unacceptable Unacceptable noise intrusion upon land use activities will occur. Adequate structural noise insulation is not practical under most circumstances. The indicated land use should be avoided unless strong overriding factors prevail and it should be prohibited if outdoor activities are involved. Notes: ' In the area south of Chico Municipal Airport, these uses are "marginally acceptable" within the 55-60 dB CNEL range. Draft — Subject to Revision 24 27 December 2002 (B) Safety (1) Prohibited Uses — The uses listed here are explicitly prohibited, regardless of whether they meet the intensity criteria, unless prohibition is precluded by applicable State statutes. a. All structures except facilities with location set by FAA criteria. b. Assemblages of people. c. Objects exceeding FAR Part 77 height limits. d. Above ground bulk storage of hazardous materials, except as described herein. e. Hazards to flight, including physical (e.g., tall objects), visual (glare, distracting lights, dust, steam, smoke), and electronic forms of interference with the safety of aircraft operations. Also included is land use development which may cause the attraction of birds to increase (such as landfills). Storage of fuel and other hazardous materials is prohibited in Compatibility Zone A. In Compatibility Zones B 1 and B2, these substances must be stored in underground tanks, except that on -airport storage of aviation fuel and other aviation -related flammable materials is allowed, as is storage of up to 2,000 gallons of nonavaition flammable materials. (2) Open Land Area — Protection of the public health and safety necessitates planning for the provision of.open land sufficient in length and width to accommodate the emergency landing of aircraft without substantial risk to persons and property. In Compatibility Zones A, B 1, B2, and C, adequate amounts of open land suitable for emergency landings shall, to the extent practical, be provided.: a. The amount of open land required for new development of every property shall be that percentage of the total gross area of the property that is indicated.on Table 24- 236-2. b. An open land area shall be consistent with the following standards: i. Open land areas must be free of structures and other major obstacles such as walls, large trees or poles (greater than 4 inches in diameter, measured 4 feet above ground), and overhead wires. ii. Open land areas must have minimum dimensions of at least 75 feet by 300 feet. iii. Open land areas must be reserved as Airport Safety Open Land by deeded easement that prohibits development that is not consistent with Section 24-236. c. Roads are acceptable as open land areas as long as they adhere. to sub -sections a. and b. above, particularly with respect to arrangement of light 'fixtures and placement/height of street trees. d. Open land areas shall, to the extent possible, be located adjacent to other open land areas to provide contiguous open areas. Draft — Subject to Revision 25 27 December 2002 e. Site Plan Review. As a part of the review of any subdivision, design review, conditional use permit, or other approval pursuant to. Section 24-236, the decision - makers shall examine the feasibility of clustering development and coordinating the provision of open land between structures to provide areas for controlled emergency landings. The specific criteria for clustering is contained within Section 24-236.050 (B)(4). (3) Criteria for Clustering — Development of a site or within a subdivision may be concentrated in a portion of the overall project site for purposes of achieving required open land, subject to the following criteria: a. Clustering of new residential, development shall be limited as follows: i. Zone. A: Not applicable. ii. Zone B 1: Not permitted except that individual dwelling units on contiguous parcels, each meeting the 10 -acre minimum parcel size requirement, can be located near the common edge or corner of the parcels. Buildings shall be located as far as practical from the extended runway centerline and shall be limited to a maximum of two stories in height. iii. Zone B2: Minimum lot 'size of 2.5 acres. Buildings shall be a maximum of three stories in height. - iv. Zones C and D: No limit. b. Clustering of new nonresidential development shall be limited as follows: i. Zone A: No clustering permitted. ii. Zone B1: Maximum of 50 people per any individual acre. Multi -story retail uses, fast-food establishments, large shopping centers (500,000 square feet or more), theaters, motels, and similar uses typically do not comply with this standard. Buildings shall be located as far as practical from the extended runway centerline and shall be limited to a maximum of two stories in height. iii. Zone B2: Maximum of 100 people per any individual acre. Fast food establishments, large shopping centers (500,000 or more square feet), theaters, motels, and similar uses typically do not comply with this standard. iv. Zone C: Maximum of 300 people per any individual acre. Large shopping centers (500,000 square feet or more), theaters, multi -story motels, hotels with conference centers, and similar type uses do not comply with this standard. v. Zone D: No limit. (4) Risk Reduction Through Building Design — In Compatibility Zones B2 and C, the number of people permitted to occupy a single nonresidential building may be increased by a factor of up to 1.3 times the limitation set by Section 24-236.050 (B)(4), if special measures are taken to reduce the risks to building occupants. Draft — Subject to Revision 26 27 December 2002 a. Building design features which would enable application of an intensity bonus include, but are not limited to, the following: i. Using concrete,walls; ii. Limiting the number and size of windows; iii. Upgrading the strength of the building roof; iv. Avoiding skylights; v. Enhancing the fire sprinkler system; vi. Limiting buildings to a single story; and vii. Increasing the number of emergency exits. b. Proponents of projects wishing to take advantage of intensity bonuses shall submit appropriate details of the building design along with project application materials to both the Butte County Community Development Department and ALUC. Approval of intensity bonuses will take place on a case-by-case basis. (C) Airspace Protection The criteria for limiting the height of structures, trees, and other objects in the vicinity of an airport shall be based upon the following: Part 77, Sub -part C, of the Federal Aviation Regulations (FAR); the United States Standards for Terminal Instrument Procedures (TERPS); and applicable'airport design,standards published by the FAA. Airspace plans depicting the critical areas for airspace protection are included in Figures 24-236-6, 24- 236-7, 24-236-8, and 24-236-9. (1) Height Restrictions — The height of objects within the influence area of each airport shall be in accordance with the criteria contained herein. In considering exception to the specified height limits, the County and ALUC shall consider FAR Part 77, TERPS, and airport design standards, together with the results of any FAA aeronautical study of the proposal in question. a. Within Compatibility Zone A: The height of all objects shall be limited in accordance with applicable FAA criteria including FAR Part 77 and airport design standards. In most of Zone A, the allowable height is less than 35 feet and, in some locations, is zero. Implementation of these limitations on property not controlled by the airport may necessitate airportacquisition of fee title or easements on the affected property. b. Within Compatibility Zone B1 or Height Review Overlay Zone: i. Objects up to 35 feet tall are acceptable and do not require ALUC review for the purposes of height factors; and ii. ALUC review is required for any proposed object taller than 35 feet. Draft — Subject to Revision 27 27 December 2002 c. Within Compatibility Zone B2:. i. Generally, there is no concern, with regard to any object up to 70 feet tall unless it is located on high ground or it is a solitary object (e.g., antenna) more than 35 feet taller than other nearby objects. ii. ALUC review is required for any proposed object taller than 70 feet. d. Within Compatibility Zone C or Compatibility Zone D: i. Generally, there is no concern with regard to any object up to 100 feet tall unless it is located on high ground or it is a solitary object (e.g., antenna) more than 35 feet above the ground. ii. ALUC review is required for any proposed object taller than 100 feet. e. For all Compatibility Zones the applicant of a proposed project shall notify the FAA regarding the height of any proposed structures or objects, as required by Federal and/or State regulations. FAA may require marldng and lighting of certain objects less than 35 feet in height. (2) Avigation Easement Dedication.— As a condition for development approval, the owner of any property proposed for development within Compatibility Zones A, B 1, or a Height Review Overlay Zone shall be required to dedicate an avigation easement to the entity owning the affected airport. The avigation easement shall do all of the following: a. Provide the right of flight in the airspace above the property; b. Allow the generation of noise and other impacts associated with aircraft overflight; c. Restrict the height of structures, trees and other objects; d. Permit access to the property for the removal or aeronautical marldng of objects exceeding the established height limits; and e. Prohibit electrical interference, glare, and other potential hazards to flight being created on the property. (D) Overflights Overflight compatibility concerns encompass a combination of noise and safety issues. Although sensitivity to aircraft overflights varies from one person to another, overflight sensitivity is particularly important with regard to residential land uses. a. Except where dedication of an avigation easement is required, a deed notice of Airport proximity and the potential for aircraft overflights is required, using forms provided by the County in Appendix G3 of the Compatibility Plan. Draft — Subject to Revision 28 27 December 2002