HomeMy WebLinkAboutAIRPORT LAND USE WORKSHOP VISALIA, CALIFORNIA JUNE 25, 1998Airport Land Use Workshop
Visalia, California
June 25, 1998
'Schedule:
09:00 AM - Welcome, Doug Silviera, ALUC Tulare County
09:05 AM - Workshop Overview, Jay White, California Pilots Association*
Larry Thelen, Esq. **
09:15 AM - Ken Brody, Shutt Moen Airport Planners. (707) 526-5010. Subject: Caltrans' Airport
Land Use Planning Handbook. Followed by Q&A
09:45 AM - Christa Engle, Caltrans Aeronautics Program, Transportation Planner, (916)
654-5553. Subjects: School siting near airports, FAA Airport Hazards Form 7460-1,
CLUP consistency, Followed by Q&A —
10:15 Break
10:30 AM - Dick Dyer, Caltrans Aeronautics Program, Environmental Officer, (916) 654-5507.
Subject: Aircraft noise, descriptions, measurement standards, management, mitigation. Followed
by Q&A
11:00 AM - Dave Carbone, Senior Planner and ALUC Staff, Planner San Mateo County. (650)
363-4417. Subject: Formulation of a Comprehensive Land Use Plan. Followed by Q&A
12:00 Lunch
1:00 PM - Charlie Woods, Senior Planner, City of Ceres. (209) 538-5774. Subject: Conforming
a city general plan with a Comprehensive Land Use Plan. Followed by Q&A
1:30 PM - Panel Discussion, all panelists - questions from audience, answers, comments
3:00 PM - Adjourn
Qr
* The Workshop Facilitator is Jay White, volunteer president and legal counsel for'the California
Pilots Association (CPA). CPA is a California nonprofit public -benefit 501(c)(3) corporation
whose main mission is to as public entities in the preservation of California's public airports.
Additional information about CPA can be obtained by calling 1-800-244-1949 (California only),
(650) 594-9300, FAX (650) 366-1915.or E-mail: jaywhite e,pacbell.net.
** Larry Thelen is the experienced Caltrans Attorney who advises Aeronautics program
personnel on airport legal matters. His telephone number is (916) 654-2630.
Note: Telephone numbers of panelists are provided for those who wish to retain this sheet for
future reference.'
•
•
CITY OF CERES
GENERAL PLAN
L
Adopted
February 24, 1997
AIRPORT AREA
DEVELOPMENT
E-11
•
LAND USE AND COMMUNITY DESIGN, Chapter 1
The northeastern part of the Planning Area is close to the Modesto City -
County Airport, located north of the river in Modesto. It is the oldest
publicly owned airfield in the U.S., with its original dirt runway built in
1928. The airport serves the general aviation and commercial service needs
of Stanislaus County. The airport has two runways for general aviation and
commercial uses. The longer 5,911 -foot runway serves the commercial uses,
while the 3,459 -foot runway is used for general aviation purposes.
In 1978, the Stanislaus County Airport Land Use Commission (ALUC)
adopted an Airport Land Use Plan for the Modesto City -County Airport.
Under various provisions of state law, cities and counties are required to
either bring their general plans and zoning and any specific plan into
compliance with the adopted County Airport Land Use Commission
(ALUC) plan for territory around designated airports_or make specified
findings. The purpose of the airport land use plan and the consistency
requirement is to eliminate or minimize development around airports that
would be subject to significant levels of aircraft noise orwbuld pose a safety
hazard to aircraft or occupants of the development in the event of a crash.
For the purposes of this General Plan, the City developed.airport,planning
area safety zones and standards based on the guidelines in the. 1993 .
California Division of Aeronautics Airport Planning Handbook, in:
consultation with the Modesto City -County Airport Manager and the
California Division of Aeronautics. The City relied on the more current
guidelines rather than using the standards in the 1978 ALUC Plan, since the '
most current guidelines represent more recent scientific and planning
analysis of risks around airports, and to plan for and anticipate future
changes in this area if or when ALUC updates its 1978 plan.
See also the 'Aircraft Crash Hazards *section in Chapter 7, Health. and Safety.
GOAL 1.H:
To regulate future development near the airport to provide for protection of
public health and safety.
POLICIES
1.H.1. The City shall emphasize compatibility of land uses for both urban
development and for airport facilities to ensure the availability of
local air transportation services and a quality living environment.
1.H.2. The City shall' allow new development within Airport Safety'Zones
(Figure 1-4) according to the standards in Table 1-2. At the
discretion of the Ceres Director of Planning and Community
Development, an applicant for a permit or other entitlement may be.
required to submit survey information sufficient to document the
location of a property or development site in.relation to the various
Airport Safety Zones.
1-25
Ceres General Plan Pblicy Document
r+
N
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TABLE 1-2
RESIDENTIAUNONRESIDENTIAL DEVELOPMENT STANDARDS
MODESTO CITY -COUNTY AIRPORT SAFETY ZONES
Nonresidential
Gross Floor
Percentage
Residential
Density/Intensitr
Area"/
Open
Flammable/
Airport Safety Zones
Densities
(max. pop/
Population
Space
Special Care
Hazardous
No.
(See Figure 14)
(max. du/ ss ac)
gross ac)
fa/ )
(ave. %/ac)
Uses`
Materials'
I
Runway Protection Zone (RPZ)
None
10
11090
100
Prohibited
Prohibited
2
Inner Safety Zone (ISZ)
0.1 (or 1 du/10 ac)
40
270
50
Prohibited
Prohibited
3
Inner Turning Zone (ITZ)
2.0 (or 1 du/0.5 ac)`
100
108
20
Prohibited
Prohibited
4
Outer Safety Zone (OSZ)
0.4 (or 1 du/2.5 ac)`
100
108
159
Prohibited
Prohibited
5
Sideline Safety Zone (SSZ)
0.5 (or 1 du/0.5 ac)
60.
180
30
Prohibited
Prohibited
6
Traffic Pattern Zone (TPZ)
6"
150
.70'
10
Conditional
Permitted
6A
Traffic Pattern Zone (TPZ)
6"
150
70
10
Prohibited
Prohibited
a
Structural occupancy only — determined by Uniform Building Code standards; maybe higher in a single location on the same property or properties if combined into
a single development provided maximum not exceeded on a per acre basis.
b
Example of gross floor area using maximum population per acre assuming 25% site -coverage.
c
Includes public and private schools, colleges, hospitals, nursing homes, and other similar. uses.
d
Permitted if in small quantities or if stored in underground tanks.
e
Portion of 1T7 for Runway IOR-28L designated LDR and zoned R -1 -may be developed to R-1 densities; balance of area south and/or west of River Road not. in the City
of Ceres may be developed at a maximum density of 4.0 du/gross acre. i .,f
Densities may be transferred from OSZ to portions of same or adjacent property in TPZ; density on portions of property receiving transferred units may exceed
density limit of VLDR but may not exceed 6 du/gross acre.
g
30% required within the 500 -foot wide strip along center line extended in OSZ.
h .
Some portions (Very Low Density Residential 5.0 du/gross acre), generally closer to ITZ and OSZ, may have residential densities lower than maximum permitted in
TPZ.
0 a 0
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iz
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YODESTO CITY -COUNTY AIRPORT
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AIRPORT HAST PLAN
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petitital Be••eerlee
-• AIRPORT
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FIGURE 7-2
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T1 _Tc RES•` (
FUTURE AIRPORT NOISE CONTOURS
12005/06
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AIRPORT NOISE
AND
NOISE
THE
STATE
STANDARDS
(CALIFORNIA CODE OF REGULATIONS, TITLE 21, SECTION 5000 - 5090) '
LEGISLATIVE DIRECTIVES AND GUIDELINES
1. DEPARTMENT SHALL ADOPT NOISE STANDARDS
(A) APPLICABLE TO AIRCRAFT AND AIRCRAFT ENGINES
(B) AIRPORTS OPERATING UNDER, VALID PERMIT
(C) NOT PROHIBITED BY FEDERAL LAW
(D) BASED UPON ACCEPTABLE LEVEL TO REASONABLE PERSON
2. STATEWIDE UNIFORMITY NOT REQUIRED
3. MAXIMIZE LOCAL CONTROL AND ENFORCEMENT
4. CONSIDER ECONOMIC AND TECHNOLOGIC FEASIBILITY OF COMPLIANCE
5. COUNTY WHERE AIRPORT LOCATED SHALL ENFORCE THE NOISE .STANDARDS
AIRPORT NOISE STANDARDS
1. Legislature directs Department to adopt Noise Standards - 1969.
r
2. Department adopts Noise Standards in 1970.
3. Legislature delays implementation of Noise Standards until 12/1/1972.
4. A noise description method (CNEL) was developed in Noise Standards.
5. Noise Standards designed to be used for land use planning as well as
regulatory.
6. Noise Standards include requirement for noise monitoring to validate
location of Noise Impact Boundary.
7. Single
Event Noise Equivalent
Level (SENEL)
requirements were included
that
were later shown to be
preempted by
Federal law (ATA v Crotti).
8. Regulatory criterion sufficiently restrictive that a variance process was
included in consideration of feasibility of compliance.
9. County enforcement provided in accord with legislative directive.
SOME KEY FACTORS IN
HUMAN RESPONSE TO AIRCRAFT NOISE
EVENT NOISE LEVEL
DURATION OF EVENT
NUMPER OF EVENTS PER DAY
TIME OF DAY
BACKGROUND NOISE LEVEL
HISTORY OF PRIOR EXPOSURE
SEASON OF YEAR
KEYFCTRS.SLD
I129198 tayu
pull 600134*0. -32. YMNOMR-1
ORGANIZED ACTIVITIES
ECONOMIC ASPECTS
SOCIAL CONSIDERATIONS
FEAR OF CRASH
SUSPECTED MALFEASANCE
LITIGATION
NEW AIRPORT PROPRIETOR
W
J
Z � LL
a
I.
NOISE
COMPARING TOS TWO AIRCRAFT
i RECORDINGS FLYOVER NOISE
AIRPLANE A
AIRPLANE B
TIME
a
BROADBAND AND PURE TONE NOISES
SOUND
PRESSURE
LEVEL
(d B)
SOUND
PRESSURE
LEVEL
(d B)
FREQUENCY (CPS) (Hz)
FREQUENCY (CPS) (Hz)
+10.
N 0
u
u ;'
u
.D
a -10
U
0
0 -20
N
C
N
u
s -30
0
u
0
-60
-70
10 100 1,000 10,000
Frequency, cycles per second (or Hertz)
AN APPROXIMATION OF THE FREQUENCY RESPONSE OF THE HUMAN EAR
I.
EQUAL PERCEIVED NOISE SPECTRUM
iio
SOUND
100
PRESSURE
LEVEL
DECIBELS 90
(dB)
f
PIANO
KEYBOARD
31.5 63 125 250 500 1000 2000 4000 8000
FREQUENCY
CYCLES PER SECOND (CPS)OR HERTZ (Hz)
261.6
(MIDDLE C)
m
v
J
W
W
J
W
Q
N
IN
W
Q
d
Z
D
0
N
W
>
F -
Q
J
W
cr
ru
i
0
0
ml -
A
C
10 - G, B
0
20 ---- - - ---
e
30 - --
7
40-
A
—sn
✓v 20 5b 100 200 500 1000 2000 5000 10.000 20.000
FREQUENCY, Hz
GRAPHICAL REPRESENTATION OF THE A. B, C, AND D WEIGHTINGS
THE SOUND PRESSURE LEVEL SCALE
SOUND PRESSURE
SOUND
SOUND
SOUND
(DYNES/SQ CENTIMETER)
PRESSURE
PRESSURE
PRESSURE
LEVEL
LEVEL
(MICROBAR)
(LB/SQ INCH)
(BELS) .
(DECIBELS)
200
0.0029
12
1120
20
0.00029
10
100
2
0.000029
8
80
0.2
0.0000029
6
60
0.02
0.00000029
4
40
0.002
0.000000029
2
20
0.0002
0.0000000029
0
0
2
SOUND PRESSURE LEVEL = 10 LOG10 (P/PREF)
ADDING SOUND LEVELS
EXAMPLES OF ADDING TWO SOUNDS HAVING THE LEVELS SHOWN
100 dB + 100 dB =. 103.010 dB
100
dB +
95 dB =
101.193 dB
100
dB +
90 dB =
100.414 dB
100
dB +
80 dB =
100.043 dB
100
dB +
70 dB =
100.004 dB.
Conclusion: Large
sound levels are -so dominant that
lesser sound levels
become insignificant when
sound
levels
differ by
10 dB or more.
TWO COMMONLY USED ACOUSTICAL GENERALITIES
1. EACH DOUBLING OF DISTANCE TO AN AIRCRAFT REDUCES THE
MEASURED NOISE LEVEL BY APPROXIMATELY 6 DECIBELS.
2. IN GENERAL, A REDUCTION OF 10 DECIBELS (dB) REDUCES
NOISINESS TO HALF ITS ORIGINAL LEVEL.
100 dB
t?u 100 Ft
86.0 dB
@ 500 Ft
80.0 dB
@ 1000 F
76.6 dB
t @ 1600 Ft
74.0 dB
@ 2000 Ft
72.0 dB
@ 2500 Ft
170.5 dB
,@ 3000 Ft
NOISE REDUCTION THROUGH SPHERICAL DISPERSION
For An Aircraft Noise Level Of 100 Decibels
Measured 100 Feet From The Aircraft
Note: Both -Air And Ground Adsorption Will Further Reduce Noise
Levels Beyond The Effects Of Spherical Dispersion
69.1 dB
@ 3600 Ft
68.0 dB
@ 4000 Ft
NOISE REDUCTION DUE TO SPHERICAL DISPERSION
100 ........... ,...... ....... ...... , ......
90 .................... ...........
m
ul
v
J
80 .... ... •.....t ......
J
lu
H
0
70 .....; ; ....: ..:....:.... ...; ...._
60
0 1 2 3 4 5 6 7 8
DISTANCE BETWEEN SOURCE AND RECEIVER (1000 FEET)
PERCEIVED NOISE LEVEL CONTOURS - ONE ENGINE RUNUPS.
CIVIL AND- MILITARY JET AIRCRAFT WITH TUR130FAN ENGINES.
SINGLE EVENT NOISE EXPOSURE LEVEL (SENEL) CONCEPT
TIME
a.
W
V
z
0
C.)
J
z
r
J
W
W
J
W
to
0
z
J
0
yga - 13n31 3S I ON
O
LO
0
w
COMMUNITY NOISE EQUIVALENT LEVEL (CNEL)
Definition: The CNEL,, in decibels, represents the average noise level during a 24
hour day, adjusted to an equivalent level to account for the lower
tolerance of people to noise during evening and night time periods.
11
Or, by equation
CNEL = 10 log (1/24) Izantilog (HNLD/10) + 3Fantilog (HNLE/10) + 101:antilog (HNL/10)]
Where 1: means summation, and
HNLD
are .the
hourly
noise levels for the
period
0700-1900
hours
HNLE
are the
hourly
noise levels for the
period
1900-2200
hours
HNLN
are the
hourly
noise levels for -the
period
2200-0700
hours.
AIRPORT NOISE DESCRIPTION METHODS
CNEL = SENEL + 10 Log (No + 3NE + 10N
N) 49.4
LoN = SEL + 10 Log (ND + NE + 10NN) 49.4
NEF = EPNL + 10 Log (ND + NE + 16.67NN) .88
CNR PNL + 10 Log (ND + NE + 16.67NN) - 13
Where N = Number of Operations Per Time Period
Day (D): 0700 - 1900 Hours
Evening (E): 1900 - 2200 Hours
Night (N): 2200 -0700 Hours
CONTOUR OF EQUAL NOISE LEVEL
DURING TYPICAL JET TAKEOFF
ALTITUDE
(1000 FT)
4
3
2
HORIZONTAL
DISTANCE,
FROM
FLIGHT PATH-
(1000
ATH(1000 FT)
Au
25
/10
5 DISTANCE FROM START Of
TAKEOFF ROLL (1000 FT)
Residential
Commercial
Residential
Industrial
Airport Property
The Noise Impact Area is the Sum of All
the Cross -Hatched Areas, in Square Statute
Mlles. Noise Impact Boundary Applicable
to Homes of Normal Construction
Agricultural
Industrial
Resident. I Agricultural
Noise Impact Boundary
Applicable to
Acoustically Modified
Homes
-Acoustically Treated
Residential
CONCEPTUAL SKETCH OF NOISE IMPACT BOUNDARIES AND NOISE
IMPACT AREA
NORMALIZATION
-- BASIS FOR ADJUSTING CRITERIA TO FIT SITUATION
-- GIVES CONSIDERATION TO LOCAL CONDITIONS
-- USES QUALITATIVE DESCRIPTIONS IDENTIFIED BY EPA & OTHERS
USEFUL FOR:
QUIET RURAL AREAS
NOISE SENSITIVE AREAS
AIRPORTS HAVING FEW FLIGHT OPERATIONS
J
a
z
W
G
ai
W
QUALITATIVE
DESCRIPTIONS
CITY NOISE
(DOWNTOWN MAJOR
METROPOLIS)
VERY NOISY
NOISY URBAN
URBAN
CNEL
DECIBELS OUTDOOR LOCATIONS
_ 90 _
LOS ANGELES —3rd Floor Apartment Next to
Freeway
80 — LOS ANGELES — Downtown with Some Can -
,411 struction Activity
HARLEM 2nd Floor Apartment
HIGH DENSITY —Downtown San Francisco
-F Residential
—70-- MEDIUM -HIGH San Francisco Residential
DENSITY — Near Downtown
—60— LOW DENSITY —Los Angeles - San Fernando
Valley Residential
SUBURBAN
SMALL TOWN LOW DENSITY —Berkeley Hills
AND — 50 —
OU\SUBURBAN = R
\ SAN DIEGO —Wooded Residential
CALIFORNIA —Tomato Field on Farm
— 40 —
COMPARATIVE CNEL VALUES AT VARIOUS LOCATIONS
Slide 4
Adjustments to the
Measured Community Noise Equivalent Level (CNEL)
to Obtain Normalized CNEL
►I Amount ororrec fon I
I Type of I I to be Added to Measured_ I
Correction I Description I CNEL in dB I
I I
I Seasonal I Summer (or year-round operation).
I Correction I Winter only (or windows always closed).
0
-5
Correction I
Quiet suburban or rural community (remote l
for Outdoor I
from large cities and from industrial I
+5
Residual I
activity and trucking).. I
+10
Noise Level I
I
I
Normal suburban community (not
I
located near industrial activity). I
+5
I
l
Urban residential community (not I
I
immediately adjacent to heavily traveled I
I
roads and industrial areas) . I
0
I
Noisy urban residential community (near I
I
relatively busy roads or industrial I
0
areas). I
-5
I
Very noisy urban residential community I
-10.
I noise maker's relations with the
Correction
I No prior experience with the intruding I
for Previous
I noise. i
+5
'Exposure and
I
Community
I Community has had some previous exposure I
Attitudes
I to intruding noise but little effort is I
I being made to control the noise. This I
i correction may also be applied in a sit- I
I uation where the community has not been i
I exposed to noise previously, but the I_
I people are aware that bona fide efforts i.
are being made to control the noise i
0
I Community has had considerable previous I
I exposure to the intruding noise and the I
I noise maker's relations with the
community are good. i
-5
I Community aware that operation causing I
I noise is very necessary and it will not I
I continue indefinitely. This correction I
I can be applied for an operation of limitedl
I duration and under emergency circumstancesl
I
-10•
Pure Tone
I
I No pure tone or impulsive character. I
0
or Impulse
i Pure tone or impulsive character present. i
+5
Slide 3
APPENDIX B
AERONAUTICS LAW
STATE AERONAUTICS ACT
PUBLIC UTILITIES CODE
(CHAPTER 4, ARTICLE 3.5)
AIRPORT LAND USE COMMISSION
Creation; Membership; Selection
21670. (a) The Legislature hereby finds and declares that:
(1) It is in the public interest to provide for the orderly development of each public use
airport in this state and the area surrounding these airports so as to promote the overall goals
and objectives of the California airport noise standards adopted pursuant to Section 21669 and
to prevent the creation of new noise and safety problems.
(2) It is the purpose of this article to protect public health, safety, and welfare by ensuring
the orderly expansion of airports and the adoption of land use measures that minimize the
public's -exposure to excessive noise and safety hazards within areas around public airports to
the extent that these areas are not alrgady devoted to incompatible uses.
(b) In order to achieve the purposes of this article, every county in which there is located
an airport which is served by a scheduled airline shall establish an airport land use
commission. Every county, in which there is located an airport which is not served by a
scheduled airline, but is operated for the benefit of the general public, shall establish an airport
land use commission, except that the board of supervisors of the county may, after consultation
with the appropriate airport operators and affected local entities and after a public hearing,
adopt a resolution finding that there are no noise, public safety, or land use issues affecting any
airport in the county which require the creation of a commission and declaring the county
exempt from that requirement. The board shall, in this event, transmit a copy of the resolution to
the Director of Transportation. For purposes of this section, 'commission" means an airport land
use commission. Each commission shall consist of seven members to be selected as follows:
(1) Two representing the cities in the county, appointed by a city selection committee
comprised of the mayors of all the cities within that count y, except that if there are any cities
contiguous or adjacent to the qualifying airport, at least one representative shall be appointed
therefrom. If there are no cities within a county, the number of representatives provided for by
paragraphs (2) and (3) shall each be increased by one.
(2) Two representing the county, appointed by the board of supervisors.
(3) Two having expertise in aviation, appointed by a selection committee comprised of the
managers of all of the public airports within that county.
95
(D) Adopt processes for the amendment of general and specific plans to be consistent with
the comprehensive airport land use plans.
(E) Designate the agency that shall be responsible for the preparation, adoption, and
amendment of each comprehensive airport land use plan.
(3) The Division of Aeronautics of the department shall review the processes adopted
pursuant to paragraph (2), and shall approve the processes if the division determines that the
processes are consistent with the procedure required by this article and will do all of the
following:
(A) Result in the preparation, adoption, and implementation of plans within a reasonable
amount of time.
(B) Rely on the height, use, noise, safety, and density criteria that are compatible with
airport operations, as established by this article, and referred to as the Airport Land Use
Planning Handbook, published by the division, and any applicable federal aviation regulations,
including, but not limited to, Part 77 (commencing with Section 77.1) of Title 14 of the Code of
Federal Regulations.
(C) Provide adequate opportunities for notice to, review of, and comment by the general
public, landowners, interested groups, and other public agencies. —
(4) If the county does not comply with the requirements of paragraph (3) within 120 days,
then the plan and amendments shall not be considered adopted pursuant to this article and a
commission shall be established within 90 days of the determination of non compliance by the
division and a plan shall be adopted pursuant to this article within 90 days of the establishment
of the commission.
(d) A commission need not be formed in a county that has contracted for the preparation of
comprehensive land use plans with the Division of Aeronautics under the California Aid to
Airports Program (Title 21 (commencing with Section 4050) of the California Code of
Regulations), Project Ker -VAR 90-1, and that submits all of the following information to the
Division of Aeronautics for review and comment that the county and the cities affected by the
airports within the county, as defined by the plans:
(1) Agree to adopt and implement the comprehensive airport plans that have been
developed under contract.
(2) Incorporated the height, use, noise, safety, and density criteria that are compatible with
airport operations as established by this article, and referred to as the Airport Land Use
Planning Handbook, published by the division, and any applicable federal aviation regulations,
including, but not limited to, Part 77 (commencing with Section 77.1) of Title 14 of the Code of
Federal Regulations as part of the general and specific plans for the county and for each
affected city.
(3) If the county does not comply with this subdivision on or before May 1, 1995, then a
commission shall be established in accordance with this article.
(e) (1) A commission need not be formed in a county if all of the following condition are met:
(A) The county has only one public use airport that is owned by a city.
(B) (i) The county and the affected city adopt the elements in paragraph 2 of subdivision (d),
as part of their general and specific plans for the county and the. affected city.
(ii) The general and specific plans shall be submitted, upon adoption, to the Division of
Aeronautics. If the county and the affected city do not submit the elements specified in _
paragraph (2) of subdivision (d), on or before May 1, 1996, then a commission shall be
established in accordance with this article.
damages to property or personal injury resulting or county's decision to proceed with the action,
regulation or permit.
(g) A commission may adopt rules and regulations which exempt any ministerial permit for
single-family dwellings from the requirements of subdivision (b) if it makes the findings required
pursuant to subdivision (c) for the proposed rules and regulations, except that the rules and
regulations may not exempt either of the following:
(1) More than two single-family dwellings by the same applicant within a subdivision prior
to June 30, 1993.
(2) Single-family dwellings in a subdivision where 25 percent or more of the parcels are
undeveloped.
(h) Until June 30, 19.93, no action pursuant to Section 21679 to postpone the effective
date of a zoning change, a zoning variance, the issuance of a permit, or the adoption of a
regulation by a local agency, directly affecting the use of land within one mile of the boundary of
a public airport, shall be commenced in the County of Mendocino.
(1) This section shall become inoperative on June 30, 1993, and is repealed on that date.
SEC. 2. In enacting Section 21670.3 of the Public Utilities Code pursuant to Section 1 of
this bill, the Legislature finds and declares that:
(a) The Legislature has not extended the deadlines in Sections 21671.5 and 21675.1 of
the Public Utilities Code for the Willits Municipal Airport.
(b) This act shall have no effect on the pending litigation brought by the City of Willits
regarding the lack of a comprehensive land use plan for the Willits Municipal Airport.
(c) The Legislature does not intend to further extend the deadlines in Sections 21671.5
and 21675.1 of the Public Utilities Code for the County of Mendocino.
SEC. 3. The Legislature finds and declares that a special law is necessary and that a
general law cannot be made applicable within the meaning of Section 16 of Article IV of the
California Constitution because of the unique circumstances of the commission in the County of
Mendocino. The facts constituting the special circumstances are:
There are unique problems involved for the commission in preparing the comprehensive
land use plans with sufficient resources and broad public involvement, taking into consideration
such factors as the county's natural resources and lands of high scenic values.
Airport Owned by a City, District, or County; Appointment of Certain Members by
Cities and Counties
21671. In any county where there is an airport operated for the general public which is
owned by a city or district in another county or by another county, one of the representatives
provided by paragraph (1) of subdivision (b) of Section 21670 shall be appointed by the city
selection committee of mayors of the cities of the county in which the owner of that airport is
located, and one of the representatives provided by paragraph (2) of subdivision (b) of Section
21670 shall be appointed by the board of supervisors of the county in which the owner of that
airport is located.
[
Initiation of Proceedings for Creation by Owner of Airport
21673. In any county not having a commission or a body designated to carry out the
responsibilities of a commission, any owner of a public airport may initiate proceedings for the
creation of a commission by presenting a request to the board of supervisors that a commission
be created and showing the need therefor to the satisfaction of the board of supervisors.
Powers and Duties
21674. The commission has the following powers and duties, subject to the limitations
upon its jurisdiction set forth in Section 21676:
(a) To assist local agencies in ensuring. compatible land uses in the vicinity of all new
airports and in the vicinity of existing airports to the extent that the land in the vicinity of those
airports is not already devoted to incompatible uses.
(b) To coordinate planning at the state, regional, and local levels so as to provide for the
orderly development of air transportation, while at the same time protecting the public health,
safety, and welfare.
(c) To prepare and adopt an airport land use plan pursuant to Section 21675. (d) To
review the plans, regulations, and other actions of local agencies and airport operators
pursuant to Section 21676.
(e) The powers of the commission shall in no way be construed to give the commission
jurisdiction over the operation of any airport.
(f) In order to carry out its responsibilities, the commission may adopt rules _and
regulations consistent with this article.
Staff Training and Development
21674.5 (a) The Department of Transportation shall develop and implement a program or
programs to assist in the training and development of the staff of airport land use commissions,
after consulting with airport land use commissions, cities, counties, and other appropriate public
entities.
(b) The training and development program or programs are intended to assist the staff of
airport land use commissions in addressing high priority needs, and may include, but need not
be limited to, the following:
(1) The establishment of a process for the development and adoption of comprehensive
land use plans.
(2) The development of criteria for determining airport land use planning boundaries.
(3) The identification of essential elements which should be included in the
comprehensive plans.
(4) Appropriate criteria and procedures for reviewing proposed developments and
determining whether proposed developments are compatible with the airport use.
(5) Any other organizational, operational, procedural, or technical responsibilities and
functions which the department determines to be appropriate to provide to commission staff and
for which it determines there is a need for staff training and development.
B-7
comprehensive land use plan shall be reviewed as often as necessary in order to accomplish
its purposes, but shall not be amended more than once in any calendar year.
(b) The commission may include, within its plan formulated pursuant to subdivision (a), the
area within the jurisdiction of the commission surrounding any federal military airport for all of
the purposes specified in subdivision (a). This subdivision does not give the commission any
jurisdiction or authority over the territory or operations of any military airport.
(c) The planning boundaries shall be established by the commission after hearing and
consultation with the involved agencies.
(d) The commission shall submit to the Division of Aeronautics of the department one copy
of the plan and each amendment to the plan.
(e) If a comprehensive land use plan does not include the matters required to be included
pursuant to this article, the Division of Aeronautics of the department shall notify the commission
responsible for the plan.
Date of adoption; review of actions; approval or disapproval
21675.1. (a) By June 30, 1991, each commission shall adopt the comprehensive land use
plan required pursuant to Section 21675, except that any county which has undertaken by
contract or otherwise completed land use plans for at least one-half of all public use airports in
the county, shall adopt that plan on or before June 30, 1992.
(b) Until a commission adopts a comprehensive land use plan, a city or.county shall first
submit all actions, regulations, and permits within the vicinity of a public airport to the
commission for review and approval. Before the commission approves or disapproves any
actions, regulations, or permits, the commission shall give public notice in the same manner as
the city or county is required to give for those actions, regulations, or permits. As used in this
section, 'vicinity' means land which will be included or reasonably could be included within the
plan. If the commission has not designated a study area for the plan, then 'vicinity' means land
within two miles of the boundary of a public airport.
(c) The commission may approve an action, regulation, or permit if it finds, based on
substantial evidence in the record, all of the following:
(1) The commission is making substantial progress toward the completion of the plan.`'
(2) There is a reasonable probability that the action, regulation, or permit will be consistent
with the plan being prepared by the commission.
(3) There is little or no probability of substantial detriment to or interference with the future
adopted plan if the action, regulation, or permit is ultimately inconsistent with the plan.
(d) If the commission disapproves an action, regulation, or permit, the commission shall
notify the city or county. The city or county may overrule the commission, by a two-thirds vote of
its governing body, if it makes specific findings that the proposed action, regulation, or permit is
consistent with the purposes of this article, as stated in Section 21670.
(e) If a city or county overrules the commission pursuant to subdivision (d), that action shall
not relieve the city or county from further compliance with this article after the commission
adopts the plan.
(f) If a city or county overrules the commission pursuant to subdivision (d) with respect to a
publicly owned airport that the city or county does not operate, the operator of the airport shall
be immune from liability for damages to property or personal injury from the city's or county's
decision to proceed with the action, regulation, or permit.
(g) A commission may adopt rules and regulations which exempt any ministerial permit for
single-family dwellings from the requirements of subdivision (b) if it makes the findings required
CE
airport land use commission pursuant to Section 21675, the local agency shall first refer the
proposed action to the commission. If the commission determines that the proposed action is
inconsistent with the commission's plan, the referring agency shall be notified.
The local agency may, after a public hearing, overrule the commission by a two thirds vote
of its governing body if it makes specific findings that the proposed action is consistent with the
purposes of this article stated in Section 21670.
(c) Each public agency owning any airport within the boundaries of an airport land use
commission plan shall, prior to modification of its airport master plan, refer such proposed
change to the airport land use. commission. If the commission determines that the proposed
action is inconsistent with the commission's plan, the referring agency shall be notified. The
public agency may, after a public hearing, overrule the commission by a two-thirds vote of its
governing body if it makes specific findings that the proposed action is consistent with the
purposes of this article stated in Section 21670.
(d) Each commission determination pursuant to subdivision (b) or (c) shall be made within
60 days from the date of referral of the proposed action. If a commission fails to make the
determination within that period, the proposed action shall be deemed consistent with the
commission's plan.
Review of Local Plans
21676.5. (a) If the commission finds that a local agency has not revised its general plan or
specific plan or overruled the commission by a two-thirds vote of its governing body after
making specific findings that the proposed action is consistent with the purposes of this article
as stated in Section 21670, the commission may require that the local agency submit all
subsequent actions, regulations, and permits to the commission for review until its general plan
or specific plan is revised or the specific findings are made. If, in the determination of the
commission, an action, regulation, or permit of the local agency is inconsistent with the
commission plan, the local agency shall be notified and that local agency shall hold a hearing
to reconsider its plan. The local agency may overrule the commission after the hearing by a
two-thirds vote of its governing body if it makes specific findings that the proposed action is
consistent with the purposes of this article as stated in Section 21670.
(b) Whenever the local agency has revised its general plan or specific plan or has
overruled the. commission pursuant to subdivision (a), the proposed action of the local agency
shall not be subject to further commission review, unless the commission and the local agency
agree that individual projects shall be reviewed by the commission.
Marin County Override Provisions
21677. Notwithstanding Section 21676, any public agency in the County of Marin may
overrule the Marin County Airport Land Use Commission by a majority vote of its governing
body.
Airport Owner's Imununity
21678. With respect to a publicly owned airport that a public agency does not operate, if the
public agency pursuant to Section 21676 or 21676.5 overrides a commission's action or
recommendation, the operator of the airport shall be immune from liability for damages to
B-11
(b) If a commission has been prevented from adopting the comprehensive land use plan by
June 30, 1991, or if the adopted plan could not become effective, because of a lawsuit involving
the adoption of the plan, the June 30, 1991, date in subdivision (a) shall be extended by the
period of time during which the lawsuit was pending in a court of competent jurisdiction.
(c) Any action pursuant to Section 21679 commenced prior to January 1, 1990, in a
county in which the commission or other designated body has not adopted an airport land use
plan, but is.making substantial progress toward the completion of the plan, which has not
proceeded to final judgment, shall be held in abeyance until June 30, 1991. If the commission
or other designated body adopts an airport land use plan on or before June 30, 1991, the action
shall be dismissed. If the commission or other designated body does not adopt an airport land
use plan on or before June 30, 1991, the plaintiff or plaintiffs may proceed with the action.
(d) An action to postpone the effective date of a zoning change, a zoning variance, the
issuance of a permit, or the adoption of a regulation by a local agency, directly affecting the use
of land within one mile of the boundary of a public airport for which an airport land use plan has
not been adopted by June 30, 1991, shall be commenced within 30 days of June 30, 1991, or
within 30 days of the decision by the local agency, or within the appropriate time periods set by
Section 21167 of 56 Public Resources Code, whichever date is later.
(Revised 11/15/94)
B-13
0
California Public Resources Code
§ 21096. Airport -related safety hazards and noise problems; projects with.
in airport comprehensive land use plan boundaries or within
two nautical miles of airport; preparation of environmental
impact reports
(a) If a lead agency prepares an environmental impact report For a project
situated within airport comprehensive land. use plan boundaries, or, if a
comprehensive land use plan has not been adopted, for a project within two
nautical miles of a public airport or public use airport, the Airport Land Use
Planning Handbook published by the DIvision of Aeronautics of the Department
of Transportation, in compliance with Section 21674.5 of the Public Utilities
Code and other documents, shall be utilized as technical resources to assist in
the preparation of the environmental Impact report as the report relates to
airport -related safety hazards and noise problems.
(b) A lead agency shall not adopt a negative declaration for a- project
described in subdivision . (a) unless the lead agency considers whether the
project will result In a safety hazard or noise problem, for persons using the
airport or for persons residing or working In the project area
(Added by Stats.1994, c. 438 (S.B.1453), § 1.)
California Government Code
1 66302.3. General and applicable specific plans; consistency with airport land use plans; .amend -
merit; nonconcurrence findings
(a) The general plan, and any applicable specific plan prepared pursuant to Article 8 (commencing with
Section 66450), shall be consistent with the plan adopted or amended pursuant to Section 21676 of the
Public Utilities Code.
(b) The general per, and my applicablespecific plan, shall be amended, as necessary, within 180 days
of any amendment to the plan- required under Section 21676 of the Public Utilities Code.
(c) If the legislative body. does not'coneur with any provision of the plan required under Section- 21675
of the Public Utilities Code, it may satisfy the provisions of this section by adopting findings pursuant to
Section 21676 of the Public Utilities We.
`I LOCAL PLAN /PROJECT CONSISTENCY.. I LOCAL AGENCY ACTION I OUTCOME
ACTION -TYPE
I CLUP STATUS
} PLAN ADOPTED
PLAN LOCAL ADOPTION eY
- I ( APPROVED PROCESS LOCAL AGENCY
CONSISTENT
WITHI RESU8IRT PLAN
CLUP? y0 AGENCY AMEND (. TO ALUC
(NEIN 160 DAYS
NOTIFIED OOV. CODE
I S' 63302.1 O
JI I PLAN ADOPTEM
Sof
I NO ALM REV"
- I I avomm
PUBINDIVIDUAL PROJECTS•
IC ND CSP
MEAtT6NO FI
GENERAL lbCLUP CONTINUED ALUC
R PIAN ADOPTED? I I REVIEW OF ALL
SPECIFIC PLAN ACTIONS-1 21676.5(0
ADOPTION
OR PLAN ED
AYE�fIOIT AOOPT
BY
INIERESTED PM17� LOCAL AGENCY
LOUR REVIEW? � I INITIATES LOCAL ACTION TO
S 21679(0)AMEND PLAN
PLAN ADOPTED.
COURT CONSISTENT OR
NO ALUC REVIEW OF
.,I INJUNCTIONI I PURP06E OF STATUTE INDIVIDUAL PROJECTS
d`' UNTIL CUP ADOPTED
21673 t(e)
aw AGENCY PtlBIX ODE
eoNc ,,p
NO
a67i1 a LEAKING iINDUNGST h0 Cp1TMTED xuC
PREPARED? - REVS. 'F
S •
MEETS
I ALL ACTIONS
21673.1(0) r
CRITERut IFS PIAN ADOPTED
PLAfI LOCAL ADOPTION BY
ilI I APPILOVED I PROCESS LOCAL AGENCY
APPROVAL OR PCE 0
OTHER ACTIONS. ALUCaUP
GENCY
REGULATIONS ADOPTEDT CT ROiS F
OR PER TS PROJE RRDE/FINDINCS II
g I I GENERAL/SPECIFIC NOT REQUIRED
PLAN AMENDMENT? PROJECT FOR APPROVAL-
S
AGREEMENT FOR CpN WITH I .
S ALUC REVIEW OF CUP? 'r
N�l7tAL/SPECIFIC
INDIVIDUAL Piro,ECn
PLAN PREVIOUSLY S 21676.5(6) AC71CN, PROJECT
FOUND CONSISTENT? NO AUUC LOCAL APPROVAL APPROVE
PROCESS R0.ECT - I BY Loci AGENCY
RA CIF
IM' PRCVIOU57
TED PROJECT
BY OVERRDEt lb CONSISTENT
WITH PUBLICOVERRIDE'
QUPt AGENCY HEARING FINDINGS?
-
NOTIFIED I'
ACTIOHI PROJECT
NOT APPROVED
.SQAO~THIS PPOI NT-SEE TEXT
Source: Hodges & Shutt (December 1883) ^,
p,
Airport Land Use Wor
ksho
Visalia, California
June 25, 1998
• Schedule:
09:00 AM - Welcome, Doug Silviera, ALUC Tulare County
is
09:05 AM - Workshop Overview, Jay White, California Pilots Association*
Larry Thelen, Esq. **
09:15 AM - Ken Brody, Shutt Moen Airport Planners. (707) 526-5010. Subject: Caltrans' Airport
Land Use Planning Handbook. Followed by Q&A
09:45 AM - Christa Engle, Caltrans Aeronautics Program, Transportation Planner, (916)
654-5553. Subjects: School siting near airports, FAA Airport Hazards Form 7460-1,
CLUP consistency, Followed by Q&A
10:15 Break
10:30 AM - Dick Dyer, Caltrans Aeronautics Program, Environmental Officer, (916) 654-5507.
Subject: Aircraft noise, descriptions, measurement standards, management, mitigation. Followed
by Q&A
11:00 AM - Dave Carbone, Senior Planner and ALUC Staff, Planner San Mateo County. (650)
363-4417. Subject: Formulation of a Comprehensive Land Use Plan. Followed by Q&A
12:00 Lunch
1:00 PM -harlie Woo , Senior Planner, City of Ceres. (209) 538-5774. Subject : Conforming
a city general p Comprehensive Land Use Plan. Followed by Q&A
1:30 PM - Panel Discussion, all panelists - questions from audience, answers, comments
3:00 PM - Adjourn
* The Workshop Facilitator is Jay White, volunteer president and legal counsel for the California
Pilots Association (CPA). CPA is a California nonprofit public -benefit 501(c)(3) corporation
whose main mission is to assist public entities in the preservation of California's public airports.
Additional information about CPA can be obtained by calling 1-800-244-1949 (California only),
(650) 594-9300, FAX (650) 366-1915 or E-mail: jaywhite@pacbell.net.
** Larry Thelen is the experienced Caltrans Attorney who advises Aeronautics program
personnel on airport legal matters. His telephone number is (916) 654-2630.
Note: Telephone numbers of panelists are provided for those who wish to retain this sheet for
future reference.
A fes.all
4
is
t7
•
CITY OF CERES
GENERAL PLAN
POLICY DOCUMENT
Adopted
February 24, 1997
cy
10AIRPORT AREA
DEVELOPMENT
EA
•
LAND USE AND COMMUNITY DESIGN, Chapter 1
The northeastern part of the Planning Area is close to the Modesto City
County Airport, located north of the river in Modesto. It is the oldest
publicly owned airfield in the U.S., with its original dirt runway built in
1928. The airport serves the general aviation and commercial service needs
of Stanislaus County. The airport has two runways for general aviation and
commercial uses. The longer 5,911 -foot runway serves the commercial uses,
while the 3,459 -foot runway is used for general aviation purposes.
In 1978, the Stanislaus County Airport Land Use Commission (ALUC)
adopted an Airport Land Use Plan for the Modesto City -County Airport.
Under various provisions of state law, cities and counties are required to
either bring their general plans and zoning and any specific plan into
compliance with the adopted County Airport Land Use Commission
(ALUC) plan for territory around designated airports,or make specified
findings. The purpose of the airport land use plan and the consistency
requirement is to eliminate or minimize development around airports that
would be subject to significant levels of aircraft noise or would pose ' -4; safety
hazard to aircraft or occupants of the development in the event of a crash.
For the purposes of this General Plan, the City developed. airport;planning
area safety zones and standards based on the guidelines in the 1993
California Division of Aeronautics Airport Planning Handbook, in
consultation with the Modesto City -County Airport Manager and the
California Division of Aeronautics. The City relied on the more current
guidelines rather than using the standards in the 1978 ALUC Plan, since the
most current guidelines represent more recent scientific and planning
analysis of risks around airports, and to plan for and anticipate future
changes in this area if or when ALUC updates its 1978 plan.
;t
See also the 'Aircraft Crash Hazards "section in Chapter 7, Health and Safety.
GOAL 1.H:
To regulate future development near the airport to provide for protection of
public health and safety.
POLICIES
1.H.1. The City shall emphasize compatibility of land uses for botKu' roan
development and for airport facilities to ensure the availability of
local air transportation services and a quality living environniient.
1.1-1.2. The City shall allow new development within Airport Safety•Zones
(Figure 14) according to the standards in Table 1-2. At the
discretion of the Ceres Director of Planning and Community
Development, an applicant for a permit or other entitlement may be
required to submit survey information sufficient to document the
location of a property -or development site in relation to the various
Airport Safety Zones.
1-25
Cees General Plan Policy Daunt
►+
N
C�
•
•
TABLE 1-2
RESIDENTIAUNONRESIDENTIAL DEVELOPMENT STANDARDS
MODESTO CITY -COUNTY AIRPORT SAFETY ZONES
Nonresidential
Gross Floor
Percentage
Residential
Density/Intensity'
Area"/
Open
Flammable/
Airport Safety Zones
Densities
(max. pop/
Population
Space
Special Care
Hazardous
No.
(See Figure 14)
(max. du/ ss ac)
Rross ac)
fa/ )
(ave. Wac)
Uses'
Materials°
1
Runway Protection Zone (RPZ)
None
10
1,090
100
Prohibited
Prohibited
2
Inner Safety Zone (ISZ)
0.1 (or 1 du/10 ac)
40
270
50
Prohibited
Prohibited
3
Inner Turning Zone (1TZ)
2.0 (or 1 du/0.5 ac)'
100
108
20
Prohibited
Prohibited
4
Outer Safety Zone (OSZ)
0.4 (or 1 du/25 ac)f
100
108
159
Prohibited
Prohibited
5
Sideline Safety Zone (SSZ)
0.5 (or 1 du/0.5 ac)
60.
180
30
Prohibited
Prohibited
6
Traffic Pattern Zone (TPZ)
6"
150
70
10
Conditional
Permitted
6A
Traffic Pattern Zone (TPZ)
6"150
70
10
Prohibited
Prohibited
a
Structural occupancy only — determined by Uniform Building Code standards; may be higher in a single location on the same property or properties if combined into
a single development provided maximum not exceeded on a per acre basis.
b
Example of gross floor area using maximum population per acre assuming 25% site coverage.
c
Includes public and private schools, colleges, hospitals, nursing homes, and other similar uses
d
Permitted if in small quantities or if stored in underground tanks.
e
Portion of ITZ for Runway IOR-28L designated LDR and zoned R=1• may be developed to R-1 densities; balance of area south and/or west of River Road not in the City
of Ceres may be developed at a maximum density of 4.0 du/gross acre.
f
Densities may be transferred from OSZ to portions of same or adjacent property in TPZ, density on portions of property receiving transferred units may exceed
density limit of VLDR but may not exceed 6 du/gross acre.
g
309'6 required within the 500 -foot wide strip along center line extended in OSZ
h .
Some portions (Very Low Density Residential 5.0 du/gross acre), generally closer to ITZ and OSZ, may have residential densities lower than maximum permitted in
TPZ
C�
•
•
L—_
_ _- =_' I. - �-..' >- t
- -1 rte'• !1'1 -- d1G16-
ice:`..►-�` : _ , _•�:-=-_-;= T
' c._l
ay
CITY of MODESTO
1 ! :
•�''..".jrl'lr' I._ 1. L� 1— i _
. r
LL -- _ ._- •- _ _ ,r:',' ",:. ��
UODESTO CITY -COUNTY AIRPORT
AIRPORT MASTER PLAN
PR
�• -'\ ��ti��^ ..-..- .. --_ t. \-rost�Rr.:... --■ �Yn:.+� :...�._.a..:..ea•:,urr-n:-•x'e.
-�,.
—
� ♦ '1 r '_`='._.
s� \ L• s 'J
t71E1�6
SCALE
a
. � COUNTY
�... ti,• _:n.� — _ .,._ , _ - .._ ?
LEGEND
� ; \
trtt esae, toes i lsee
,.i \...._
•1 I _.'._�
- - .._-_ —�
_ Airport Property Boveeorl
... -
_
., \ ` Y—
`•r ODESTO CIT
I - "-
peXtieai lot.eariet
\
•
NTY AIRPORT •
�_
_
. is-. 1.,: .. --: .\". '':::.. _ ...__--- . � i• ...._.._ --�
Y elllple pentyl
_ •��� '��'r r
'.7. r •W
S S[IOot
i� C_ OUNT_Y--=
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.......♦
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Xoe II
K r � i I �. w' j,�„�P'�iy►•s.ru.t _
,G ♦
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_ra •�..r.. �c ♦ �p"iTj
r_V r.
< � - UU�1 Y.
®IirpOrl
—
r
:�:4
FIGURE 7-2
T - a _
! C RE ! "' \ \ \
FUTURE AIRPORT NOISE CONTOURS
2005/06
—. : r ' \
HAKE
W �
AIRPORT' NOISE.*
AND THE STATE
NOISE STANDARDS
(CALIFORNIA CODE OF REGULATIONS, TITLE 21, SECTION 5000 - 5090)
•
•
LEGISLATIVE DIRECTIVES AND GUIDELINES
1. DEPARTMENT SHALL ADOPT NOISE STANDARDS
(A) APPLICABLE TO AIRCRAFT AND AIRCRAFT ENGINES
(B) AIRPORTS OPERATING UNDER VALID PERMIT
(C) NOT PROHIBITED BY FEDERAL LAW
(D) BASED UPON ACCEPTABLE LEVEL TO REASONABLE PERSON
2. STATEWIDE UNIFORMITY NOT REQUIRED
3. MAXIMIZE LOCAL CONTROL AND ENFORCEMENT
0
4. CONSIDER ECONOMIC AND TECHNOLOGIC FEASIBILITY OF COMPLIANCE
5. COUNTY WHERE AIRPORT LOCATED SHALL ENFORCE THE NOISE STANDARDS
n
•
AIRPORT NOISE STANDARDS
1. Legislature directs Department to adopt Noise Standards 1969.
2. Department adopts Noise Standards in 1970.
3. Legislature delays implementation of Noise Standards until 12/1/1972.
4. A noise description method (CNEL) was developed in Noise Standards.
5. Noise Standards designed to be used for land use planning as well as
regulatory.
6. Noise Standards include requirement for noise monitoring to validate
location of Noise Impact Boundary.
7. Single
Event Noise Equivalent
Level (SENEL)
requirements were included
that
were later shown to be
preempted by
Federal law (ATA v Crotti).
8. Regulatory criterion sufficiently restrictive that a variance process was
included in consideration of feasibility of compliance.
9. County enforcement provided in accord with legislative directive.
0
E
SOME, KEY FACTORS IN
HUMAN RESPONSE TO AIRCRAFT NOISE
NOISE FACTORS
EVENT NOISE LEVEL
DURATION OF EVENT
NUMBER OF EVENTS PER DAY
TIME OF DAY
BACKGROUND NOISE LEVEL
HISTORY OF PRIOR EXPOSURE
SEASON OF YEAR
KEYFC7RS.SLD
1129/99 rdytr
NON -NOISE FACTORS
ORGANIZED ACTIVITIES
ECONOMIC ASPECTS
SOCIAL CONSIDERATIONS
FEAR OF CRASH
SUSPECTED MALFEASANCE
LITIGATION
NEW AIRPORT PROPRIETOR
•
i
W
Z W m
v�
N W
O W J "
en a
W
H
NOISE
HE FLYOVER NOISE
COMPARINGS OF TWO AIRCRAFT
;RECORDING
AIRPLANE A
TIME
i
AIRPLANE B
BROADBAND AND PURE TONE NOISES
SOUND
PRESSURE
LEVEL
(d B)
SOUND
PRESSURE
LEVEL
(dB)
FREQUENCY (CPS) (Hz)
FREQUENCY (CPS) (Hz)
0
i
•
+10
N 0
i
u �
u
-o
CL -10
u
0
0 -20
N
CC
\L
N
V
s -30
Le
u
N
c
0
a. -50
u
Ce
-60
-70
10 100 1,000 10,000
Frequency, cycles per second (or Hertz)
AN APPROXIMATION OF THE FREQUENCY RESPONSE OF THE HUMAN EAR
0
EQUAL PERCEIVED NOISE SPECTRUM
SOUND
PRESSURE
LEVEL
DECIBELS
(dB)
110
100
m
m
PIANO
KEYBOARD
31.5 63 125 250 500 1000 2000 4000 8000
FREQUENCY
CYCLES PER SECOND (CPS)OR HERTZ (Hz)
261.6
(MIDDLE C)
•
0..
-4
-5
-- ---- ---- -.--- --.�00
FREQUENCY, Hz
GRAPHICAL REPRESENTATION OF THE A, B, C, AND D WEIGHTINGS
n
U
m
v
J
I
W
W
J
W
Q
N
N
W
Q
0-
a 0
Z
-2
O
N
W
-3
J
w
-4
-5
-- ---- ---- -.--- --.�00
FREQUENCY, Hz
GRAPHICAL REPRESENTATION OF THE A, B, C, AND D WEIGHTINGS
n
U
SOUND PRESSURE LEVEL = 10 LOG,o (P/PREF)2
THE SOUND
PRESSURE
LEVEL
SCALE
SOUND PRESSURE
SOUND
..SOUND
SOUND
(DYNES/SQ CENTIMETER)
PRESSURE
PRESSURE PRESSURE
LEVEL
LEVEL
(MICROBAR)
(LB/SQ INCH)
(BELS)
(DECIBELS)
200
0.0029
12
120
20
0.00029
10
100
2
0.000029
8
80
0.2
0.0000029
6
60
0.02 1.
0.00000029
4
40
0.002
0.000000029
2'
20
0.0002
0.0000000029
0
0
SOUND PRESSURE LEVEL = 10 LOG,o (P/PREF)2
ADDING SOUND LEVELS
EXAMPLES OF ADDING TWO SOUNDS HAVING THE LEVELS SHOWN
100 dB + 100 dB =. 1.03.010 dB
100 dB + 95 dB = 101.193 dB
100 dB + 90 dB = 100.414 dB
100 dB + 80 dB = 100.043 dB
100 dB + 70 dB = 100.004 dB.
Conclusion: Large sound levels are so dominant that
Lesser sound levels become insignificant when
sound levels differ by 10 dB or more.
i
TWO COMMONLY USED ACOUSTICAL GENERALITIES
1. EACH DOUBLING OF DISTANCE TO AN AIRCRAFT REDUCES THE
MEASURED NOISE LEVEL BY APPROXIMATELY 6 DECIBELS.
2. IN GENERAL, A REDUCTION OF 10 DECIBELS (dB) REDUCES
NOISINESS TO HALF ITS ORIGINAL LEVEL.
•
0
100 dB B6.0 dB
Qu 100 Ft. @ 500 Ft
1
80.0 dB
@ 1000 F
76.5 dB
t @ 1500 Ft
•
74.0 dB
@ 2000 Ft
72.0 dB
@ 2500 Ft
170.5 dB
,@ 3000 Ft
NOISE REDUCTION THROUGH SPHERICAL DISPERSION
For An Aircraft Noise Level Of 100 Decibels
Measured 100 Feet From The Aircraft
Note: Both Air And (around Adsorption Will Further Reduce Noise
Levels Beyond The Effects Of Spherical Dispersion
69.1 dB
@ 3600 Ft
68.0 d8
@ 4000 FI
r�
• NOISE REDUCTION DUE TO SPHERICAL DISPERSION
10(
4I
a
m
M
v
lu
J
>
W8
J
W
H
O
Z
60
0 1 2 3 4 5 6 7 8
DISTANCE BETWEEN SOURCE AND RECEIVER (1000 FEET)
•
C]
•
PERCEIVED NOISE LEVEL; CONTOURS - ONE ENGINE RUNUPS.
CIVIL AND MILITARY JET AIRCRAFT WITH TURBOFAN ENGINES.
�lm
•
SINGLE EVENT NOISE EXPOSURE LEVEL (SENEL) CONCEPT
TIMfE
n
u
0
HOURLY NOISE LEVEL (HNL) CONCEPT
60
TIME
0
0
COMMUNITY NOISE EQUIVALENT LEVEL (CNEL)
I
Definition: The CNEL, in decibels, represents the average noise level during a 24
hour day, adjusted to an equivalent level to account for the lower ,
tolerance of people to noise during evening and night time periods.
Or, by equation
CNEL = 10 log (1 /24) Izantilog (HNLD/10) + 3F-antilog (HNLE/10) + 10rantilog (HNL/10)]
Where Z means summation, and
HNLD
are the
hourly
noise levels for the
period
0700-1900
hours
HNLE
are the
hourly
noise levels for the
period
1900-2200
hours
HNLN
are the
hourly
noise levels for the
period
2200-0700
hours.
r]
•
•
AIRPORT NOISE DESCRIPTION METHODS
CNEL = SENEL + 10 Log (No + 3NE + 10NN) — 49.4
LoN = SEL + 10 Log (ND + NE + 10NN) — 49.4
NEF = EPNL + 10 Log (ND + NE + 16.67NN) — .88
CNR = PNL + 10 Log (No + NE + 16.67NN) — 13
Where N = Number of Operations Per Time Period
Day (D): 0700 - 1900 Hours
Evening (E): 1900 - 2200 Hours
Night (N): 2200 - 0700 Hours
i
0
CONTOUR OF EQUAL NOISE LEVEL
DURING TYPICAL JET TAKEOFF
ALTITUDE
(1000 FT)
HORIZONTAL
DISTANCE t
FROM
FLIGHT PATH
(1000. FT)
a
25
�10
DISTANCE FROM START OF
TAKEOFF ROLL (1000 FT)
40
Cn
n:
Residential
Residential
Industrial
Airport Property
The Noise Impact Area Is the Sum of All
the Cross -Hatched Areas, in Square Statute
Mlles. Noise Impact Boundary Applicable
to Homes of Normal Construction
Agricultural
Industrial
Resident. I Agricultural
Noise Impact Boundary
Applicable to
Acoustically Modified
Homes
-Acoustically Treated
Residential
CONCEPTUAL SKETCH OF NOISE IMPACT BOUNDARIES AND NOISE
IMPACT AREA
0
i
-- BASIS FOR ADJUSTING CRITERIA TO FIT SITUATION
-- GIVES CONSIDERATION TO LOCAL CONDITIONS
-- USES QUALITATIVE DESCRIPTIONS IDENTIFIED BY EPA & OTHERS
USEFUL FOR:
QUIET RURAL AREAS
NOISE SENSITIVE AREAS
AIRPORTS HAVING FEW FLIGHT OPERATIONS
E
E
—40—
COMPARATIVE
40—
COMPARATIVE CNEL VALUES AT VARIOUS LOCATIONS
Slide 4
t .
QUALITATIVE
CNEL
DESCRIPTIONS
DECIBELS
OUTDOOR LOCATIONS
—90 —
LOS ANGELES —3rd Floor Apartment Next to
Freeway
ZT
—so—
80—CITY
CITY NOISE
LOS ANGELES —Downtown with Some Can-
(DOWNTOWN MAJOR
METROPOLIS)
stnuction Activity
HARLEM — 2nd Floor Apartment
HIGH DENSITY —Downtown San Francisco
Residential
VERY NOISY
_70—
MEDIUM - HIGH San Francisco Residential
DENSITY — Near Downtown
NOISY URBAN
J
,
Q
Z
G
URBAN
_60—
LOW DENSITY —Los Angeles - San Fernando
Valley Residential
Lu
2
SUBURBAN
SMALL TOWN
LOW DENSITY —Berkeley Hills
AND — 50 —
QUIET SUBURBAN R
\
SAN DIEGO —Wooded Residential
CALIFORNIA —Tomato Field on Farm
—40—
COMPARATIVE
40—
COMPARATIVE CNEL VALUES AT VARIOUS LOCATIONS
Slide 4
Adjustments to the
Measured Community Noise Equivalent Level (CNEL)
to Obtain Normalized CNEL
Type of
I Correction
i
I
I Description
I Amount or orrec i on I
I to be Added to Measuredl
I CNEL in dB I
I Seasonal
I Summer (or year-round operation).
1
I 0 I
I Correction
I Winter only. (or windows always closed).
( -5
i
I Correction
( Quiet suburban or rural community (remote I
I
I for Outdoor
I from large cities and from industrial I
I
I Residual
I activity and trucking).: i
+10 I
I Noise Level
I people are aware that bona fide efforts I .
I
( Normal suburban community (not
I Community has had considerable previous I
located near industrial activity).
±5
I
I Urban residential community (not i
I
I
I
I immediately adjacent to heavily traveled I
i
f noise is very necessary and it will not I
I roads and industrial areas) . I
0 I
I Noisy urban residential community (near i
I duration and under emergency circumstances)
j
I relatively busy roads or industrial I
i
areas) . I
-5
I Very noisy urban residential community I
i
i
-10 i
Correction
I No prior experience with the intruding I
for Previous
I noise. I
Exposure and
I I
Community
I Community has had some previous exposure I
Attitudes
I to intruding noise but little effort is I
I being made to control the noise. This I
I correction may also be applied in a sit- I
I uation where the community has not been I
I exposed to noise previously, but the I _
I people are aware that bona fide efforts I .
are being made to control the noise
I Community has had considerable previous I
I exposure to the intruding noise and the I
I noise maker's relations with the I
I community are good.
I
I Community aware .that operation causing I
f noise is very necessary and it will not I
I continue indefinitely. This correction
I can be applied for an operation of limitedl
I duration and under emergency circumstances)
j
Pure Tone
or Impulse
+5
�u
-10.
I No pure tone or impulsive character. I 0 I
I Pure tone or impulsive character present. I +5 I
Slide 3
APPENDIX B
AERONAUTICS LAW
STATE AERONAUTICS ACT
PUBLIC UTILITIES CODE
(CHAPTER 4, ARTICLE 3.5)
AIRPORT LAND USE COMMISSION
Creation; Membership; Selection
21670. (a) The Legislature hereby finds and declares that:
(1) It is in the public interest to provide for the orderly development of each public use
airport in this state and the area surrounding these airports so as to promote tffd overall goals
and objectives of the California airport noise standards adopted pursuant to Section 21669 and
to prevent the creation of new noise and safety problems.
(2) It is the purpose of this article to protect public health, safety, and welfare by ensuring
the orderly expansion of airports and the adoption of land use measures that minimize the
public's exposure to excessive noise and safety hazards within areas around public airport's to
• the extent that these areas are not alripady devoted to incompatible uses.
(b) In order to achieve the purposes of this article, every county in which there is located
an airport which is served by a scheduled airline shall establish an airport land use
commission. Every county, in which there is located an airport which is not served by a
scheduled airline, but is operated for the benefit of the general public, shall establish an airport
land use commission, except that the board of supervisors of the county may, after consultation
with the appropriate airport operators and affected local entities and after a public hearing,
adopt a resolution finding that there are no noise, public safety, or land use issues affecting any
airport in the county which require the creation of a commission and declaring the county
exempt from that requirement. The board shall, in this event, transmit a copy of the resolution to
the Director of Transportation. For purposes of this section, 'commission' means an airport land
use commission. Each commission shall consist of seven members to be selected as follows:
(1) Two representing the cities in the county, appointed by a city selection committee
comprised of the mayors of all the cities within that count y, except that if there are any cities
contiguous or adjacent to the qualifying airport, at least one representative shall be appointed
therefrom. If there are no cities within a county, the number of representatives provided for by
paragraphs (2) and (3) shall each be increased by one.
•
(2) Two representing the county, appointed by the board of supervisors.
(3) Two having expertise in aviation, appointed by a selection committee comprised of the
managers of all of the public airports within that county.
M
(D) Adopt processes for the amendment of general and specific plans to be consistent with
the comprehensive airport land use plans.
(E) Designate the agency that shall be responsible for the preparation, adoption, and
amendment of each comprehensive airport land use plan.
(3) The Division of Aeronautics of the department shall review the processes adopted
pursuant to paragraph (2), and shall approve the processes if the division determines that the
processes are consistent with the procedure required by this article and will do all of the
following:
(A) Result in the preparation, adoption, and implementation of plans within a reasonable
amount of time.
(B) Rely on the height, use, noise, safety, and density criteria that are compatible with
airport operations, as established by this article, and referred to as the Airport Land Use
Planning Handbook, published by the division, and any applicable federal aviation regulations,
including, but not limited to, Part 77 (commencing with Section 77.1) of Title 14 of the Code of
Federal Regulations.
(C) Provide adequate opportunities for notice to, review of, and comment by the general
public, landowners, interested groups, and other public -agencies.
(4) If the county does not comply with the requirements of paragraph (3) within 120 days,
then the plan and amendments shall not be considered adopted pursuant to this article and a
commission shall be established within 90 days of the determination of non compliance by the
division and a plan shall be adopted pursuant to this article within 90 days of the establishment
of the commission.
(d) A commission need not be formed in a county that has contracted for the preparation of
• comprehensive land use plans with the Division of Aeronautics under the California Aid to
Airports Program (Title 21 (commencing with Section 4050) of the California Code of
Regulations), Project Ker -VAR 90-1, and that submits all of the following information to the
Division of Aeronautics for review and comment that the county and the cities affected by the
airports within the county, as defined by the plans:
(1) Agree to adopt and implement the comprehensive airport plans that have been
developed under contract.
(2) Incorporated the height, use, noise, safety, and density criteria that are compatible with
airport operations as established by this article, and referred to as the Airport Land Use
Planning Handbook, published by the division, and any applicable federal aviation regulations,
including, but not limited to, Part 77 (commencing with Section 77.1) of Title 14 of the Code of
-Federal Regulations as part of the general and specific plans for the county and for each
affected city.
(3) If the county does not comply with this subdivision on or before May 1, 1995, then a
commission shall be established in accordance with this article.
(e) (1) A commission need not be formed in a county if all of the following condition are met:
(A) The county has only one public use airport that is owned by a city.
(B) (i) The county and the affected city adopt the elements in paragraph 2 of subdivision (d),
as part of their general and specific plans for the county and the. affected city.
(ii) The general and specific plans shall be submitted, upon adoption, to the Division of
Aeronautics. If the county and the affected city do not submit the elements specified in
paragraph (2) of subdivision (d), on or before May 1, 1996, then a commission shall be
established in accordance with this article.
N -W
0 •
10 damages to property or personal injury resulting or county's decision to proceed with the action,
regulation or permit.
(g) A commission may adopt rules and regulations which exempt any ministerial permit for
single-family dwellings from the requirements of subdivision (b) if it makes the findings required
pursuant to subdivision (c) for the proposed rules and regulations, except that the rules and
regulations may not exempt either of the following:
(1) More than two single-family dwellings by the same applicant within a subdivision prior
to June 30, 1993.
(2) Single-family dwellings in a subdivision where 25 percent or more of the parcels are
undeveloped.
(h) Until June 30, 19.93, no action pursuant to Section 21679 to postpone the effective
date of a zoning change, a zoning variance, the issuance of a permit, or the adoption of a
regulation by a local agency, directly affecting the use of land within one mile of the boundary of
a public airport, shall be commenced in the County of Mendocino.
(1) This section shall become inoperative on June 30, 1993, and is repealed on that date.
61
SEC. 2. In enacting Section 21670.3 of the Public Utilities Code pursuant to Section 1 of
this bill, the Legislature finds and declares that:
(a) The Legislature has not extended the deadlines in Sections 21671.5 and 21675.1 of
the Public Utilities Code for the Willits Municipal Airport.
(b) This act shall have no effect on the pending litigation brought by the City of Willits
regarding the lack of a comprehensive land use plan for the Willits Municipal Airport.
(c) The Legislature does not intend to further extend the deadlines in Sections 21671.5
and 21675.1 of the Public Utilities Code for the County of Mendocino.
SEC. 3. The Legislature finds and declares that a special law is necessary and that a
general law cannot be made applicable within the meaning of Section 16 of Article IV of the
California Constitution because of the unique circumstances of the commission in the County of
Mendocino. The facts constituting the special circumstances are:
There are unique problems involved for the commission in preparing the comprehensive
land use plans with sufficient resources and broad public involvement, taking into consideration
such factors as the county's natural resources and lands of high scenic values.
Airport Owned by a City, District, or County; Appointment of Certain Members by
Cities and Counties
21671. In any county where there is an airport operated for the general public which is
owned by a city or district in another county or by another county, one of the representatives
provided by paragraph (1) of subdivision (b) of Section 21670 shall be appointed by the city
selection committee of mayors of the cities of the county in which the owner of that airport is
located, and one of the representatives provided by paragraph (2) of subdivision (b) of Section
21670 shall be appointed by the board of supervisors of the county in which the owner of that
airport is located.
ME
` 0 •
Initiation of Proceedings for Creation by Owner of Airport
21673. In any county not having a commission or a body designated to carry out the
responsibilities of a commission, any owner of a public airport may initiate proceedings for the
creation of a commission by presenting a request to the board of supervisors that a commission
be created and showing the need therefor to the satisfaction of the board of supervisors.
Powers and Duties
21674. The commission has the following powers and duties, subject to the limitations
upon its jurisdiction set forth in Section 21676:
(a) To assist local agencies in ensuring. compatible land uses in the vicinity of all new
airports and in the vicinity of existing airports to the extent that the land in the vicinity of those
airports is not already devoted to incompatible uses.
(b) To coordinate planning at the state, regional, and local levels so as to provide for the
orderly development of air transportation, while at the same time protecting the public health,
safety, and welfare.
(c) To prepare and adopt an airport land use plan pursuant to Section 21675. (d) To
review the plans, regulations, and other actions of local agencies and airport operators
pursuant to Section 21676.
(e) The powers of the commission shall in no way be construed to give the commission
jurisdiction over the operation of any airport.
.(f) In order to carry out its responsibilities, the commission may adopt rules and
regulations consistent with this article.
•
Staff Training and Development
21674.5 (a) The Department of Transportation shall develop and implement a program or
programs to assist in the training and development of the staff of airport land use commissions,
after consulting with airport land use commissions, cities, counties, and other appropriate public
entities.
(b) The training and development program or programs are intended to assist the staff of
airport land use commissions in addressing high priority needs, and may include, but need not
be limited to, the following:
(1) The establishment of a process for the development and adoption of comprehensive
land use plans.
(2) The development of criteria for determining airport land use planning boundaries.
(3) The identification of essential elements which should be included in the
comprehensive plans.
(4) Appropriate criteria and procedures for reviewing proposed developments and
determining whether proposed developments are compatible with the airport use.
(5) Any other organizational, operational, procedural, or technical responsibilities and
functions which the department determines to be appropriate to provide to commission staff and
for which it determines there is a need for staff training and development.
B-7
t
comprehensive land use plan shall be reviewed as often as necessary in order to accomplish
its purposes, but shall not be amended more than once in any calendar year.
(b) The commission may include, within its plan formulated pursuant to subdivision (a), the
area within the jurisdiction of the commission surrounding any federal military airport for all of
the purposes specified in subdivision (a). This subdivision does not give the commission any
jurisdiction or authority over the territory or operations of any military airport.
(c) The planning boundaries shall be established by the commission after hearing and
consultation with the involved agencies.
(d) The commission shall submit to the Division of Aeronautics of the department one copy
of the plan and each amendment to the plan.
(e) If a comprehensive land use plan does not include the matters required to be included
pursuant to this article, the Division of Aeronautics of the department shall notify the commission
responsible for the plan.
Date of adoption; review of actions; approval or disapproval
21675.1. (a) By June 30, 1991, each commission shall adopt the comprehensive land use
plan required pursuant to Section 21675, except that any county which has undertaken by
contract or otherwise completed land use plans for at least one-half of all public use airports in
the county, shill adopt that plan on or before June 30, 1992.
(b) Until a commission adopts a comprehensive land use plan, a city or.county shall first
submit all actions, regulations, and permits within the vicinity of a public airport to the
commission for review and approval. Before the commission approves or disapproves any
actions, regulations, or permits, the commission shall give public notice in the same manner as
the city or county is required to give for those actions, regulations, or permits. As used in • this section, 'vicinity' means land which will be included or reasonably could be included within the
plan. If the commission has not designated a study area for the plan, then 'vicinity" means land
within two miles of the boundary of a public airport.
(c) The commission may approve an action, regulation, or permit if it finds, based on
substantial evidence in the record, all of the following:
(1) The commission is making substantial progress toward the completion of the plan.
(2) There is a reasonable probability that the action, regulation, or permit will be consistent
with the plan being prepared by the commission.
(3) There is little or no probability of substantial detriment to or interference with the future
adopted plan if the action, regulation, or permit is ultimately inconsistent with the plan.
(d) If the commission disapproves an action, regulation, or permit, the commission shall
notify the city or county. The city or county may overrule the commission, by a two-thirds vote of
its governing body, if it makes specific findings that the proposed action, regulation, or permit is
consistent with the purposes of this article, as stated in Section 21670.
(e) If a city or county overrules the commission pursuant to subdivision (d), that action shall
not relieve the city or county from further compliance with this article after the commission
adopts the plan.
(f) If a city or county overrules the commission pursuant to subdivision (d) with respect to a
publicly owned airport that the city or county does not operate, the operator of the airport shall
be immune from liability for damages to property or personal injury from the city's or county's
decision to proceed with the action, regulation, or permit.
(g) A commission may adopt rules and regulations which exempt any ministerial permit for
single-family dwellings from the requirements of subdivision (b) if it makes the findings required
ME
airport land use commission pursuant to Section 21675, the local agency shall first refer the
proposed action to the commission. If the commission determines that the proposed action is
inconsistent with the commission's plan, the referring agency shall be notified.
The local agency may, after a public hearing, overrule the commission by a two thirds vote
of its governing body if it makes specific findings that the proposed action is consistent with the
purposes of this article stated in Section 21670.
(c) Each public agency owning any airport within the boundaries of an airport land use
commission plan shall, prior to modification of its airport master plan, refer such proposed
change to the airport land use. commission. If the commission determines that the proposed
action is inconsistent with the commission's plan, the referring agency shall be notified. The
public agency may, after a public hearing, overrule the commission by a two-thirds vote of its
goverhing body if it makes specific findings that the proposed action is consistent with the
purposes of this article stated in Section 21670.
(d) Each commission determination pursuant to subdivision (b) or (c) shall be made within
60 days from the date of referral of the proposed action. If a commission fails to make the
determination within that period, the proposed action shall be deemed consistent with the
commission's plan.
Review of Local Plans
21676.5. (a) If the commission finds that a local agency has not revised its general plan or
specific plan or overruled the commission by a two-thirds vote of its governing body after
making specific findings that the proposed action is consistent with the purposes of this article
as stated in Section 21670, the commission may require that the local agency submit all
subsequent actions, regulations, and permits to the commission for review until its general plan
or specific plan is revised or the specific findings are made. If, in the determination of the
commission, an action, regulation, or permit of the local agency is inconsistent with the
commission plan, the local agency shall be notified and that local agency shall hold a hearing
to reconsider its plan. The local agency may overrule the commission after the hearing by a
two-thirds vote of its governing body if it makes specific findings that the proposed action is
consistent with the purposes of this article as stated in Section 21670.
(b) Whenever the local agency has revised its general plan or specific plan or has
overruled the. commission pursuant to subdivision (a), the proposed action of the local agency
shall not be subject to further commission review, unless the commission and the local agency
agree that individual projects shall be reviewed by the commission.
Marin County Override Provisions
21677. Notwithstanding Section 21676, any public agency in the County of Marin may
overrule the Marin County Airport Land Use Commission by a majority vote of its governing
body.
Airport Owner's Imununity
21678. With respect to a publicly owned airport that a public agency does not operate, if the
public agency pursuant to Section 21676 or 21676.5 overrides a commission's action or
40 recommendation, the operator of the airport shall be immune from liability for damages to
B-11
(b) If a commission has been prevented from adopting the comprehensive land use plan by
June 30, 1991, or if the adopted plan could not become effective, because of a lawsuit involving
the adoption of the plan, the June 30, 1991, date in subdivision (a) shall be extended by the
period of time during which the lawsuit was pending in a court of competent jurisdiction.
(c) Any action pursuant to Section 21679 commenced prior to January 1, 1990, in a
county in which the commission or other designated body has not adopted an airport land use
plan, but is .making substantial progress toward the completion of the plan, which has not
proceeded to final judgment, shall be held in abeyance until June 30, 1991. If the commission
or other designated body adopts an airport land use plan on or before June 30, 1991, the action
shall be dismissed. If the commission or other designated body does not adopt an airport land
use plan on or before June 30, 1991, the plaintiff or plaintiffs may proceed with the action.
(d) An action to postpone the effective date of a zoning change, a zoning variance, the
issuance of a permit, or the adoption of a regulation by a local agency, directly affecting the use
of land within one mile of the boundary of a public airport for which an airport land use plan has
not been adopted by June 30, 1991, shall be commenced within 30 days of June 30, 1991, or
within 30 days of the decision by the local agency, or within the appropriate time periods set by
Section 21167 of the Public Resources Code, whichever date is.later.
(Revised 11/15/94)
•
B-13
•
C]
' California Public Resources Code
§ 21096. Airport -related safety hazards and noise problems; projects with.
in airport comprehensive land use plan boundaries or within
two nautical miles of airport; preparation of environmental
impact reports
(a) If a lead agency prepares an environmental impact report for a project
situated within airport comprehensive land use plan boundaries, or, if a
comprehensive land use plan has not been adopted, for a project within two
nautical miles of a public airport or public use airport, the Airport Land Use
Planning Handbook published by the Division of Aeronautics of the Department
of Transportation. In compliance with Section 21674.5 of the Public Utilities
Code and other documents, shall be utilized as technical resources to assist .in
the preparation of the environmental Impact report as the report relates to
airport -related safety hazards and noise problems.
(b) A lead agency shall not adopt a negative declaration fora project
described in subdivision.(a) unless the lead agency considers whether the
project will result In a safety hazard or noise problem. for persons using the
airport or for persons residing or working in the project area.
(Added by Stats.1994, c. 438 (S.B.1453), § 1.)
California Government Code
1 65302.3. General and applicable specific plans; consistency with airport land use plans; . amend-
• meet; nonconcurrence findings
(a) The general plan, and any applicable specific plan prepared pursuant to Article 8 (commencing with
Section 65450), shall be consistent with the plan adopted or amended pursuant to Section 21675 of the
Public Utilities Code.
(b) The general plan, and any applicable specific plan, shall be amended, as necessary, within 180 days
of any amendment to the plan- required under Section 21675 of the Public Utilities Code.
(c) If the legislative body. does not'concur with any provision of the plan required under Section -21675
of the Public Utilities Code, it may sati* the provisions of this section by adopting findings pursuant to
Section 21676 of the Public Utilities Code.
I *
IUP
I
LOCAL PLAN / PROJECT CONSISTENCY
I
LOCAL AGENCY ACTION
I
OUTCOME
TYPE
CL STATUS
ACTION
I
II
PLAN ADOPTED
-
PLAN
LOCAL ADOPTION
BY
II
S
APPROVED
PROCESS
LOCAL AGENCY
- - CONSISTENT
UT11
I
RESUBMIT PLAN
CLAP? h0
AGENCY
AMEND
TO ALUC
NOTIFIED
(w TIN 160 DAYS
I
I
I
I21676(C)
Gov.00DE
• 6aTo2.s
°
IPI/W
ADOPTED:
No ALUC REVIEW
S
or
I1NOIVDU&
PRO,ECTS•
PUBUG
A
NEARNEARING
OVERRIDE
Few csr
GENERAL PLAN
CLUP
-
M7
coNTINiED ALUC
OR
SPECIFIC PLAN
ADOPTED? I
-
REVIEW OF ALL
AcfloNs-1 2167a.S(u
ADOPTIONOR
-
AyENDLET
PLAN
DY
_ _
LOCK A
I
wmw5TD PAIt
INITIATES
COURT REVIEW
I
OCAL ACTIMON TO
LAIEUD PLAN OR
I
I
9 21679(o)
(
PLAN ADOPTED:
OF
Cou1tT
FNO CONSISTENT wTN
No' ALUC REVIEW
F TATUTE
�S
N CL PROJECTS
UNTIL LP ADOPTED
/ 21675.1(e)
CLIlP
AGENCY
PSK
°
NTH
I
' BE/NO
21675.1 d
HEARING
/INDYN:ST
hp
CONTINUED ALUC
PREPARED?
REVIEW a
S
LEETS
I
ALL ACTIONS
21675.1(e)
.
CRITERIA?
S
PLAN ADOPTED
I
PWN
LOCK ADOPTION
Y
I
APPROVED
PROCESS
I
LOCAL" AGENCY
NO I
CLUP
I
I
REVEW
-4GENERAL/SPECIk
PIAN AYENpE)1T
I
LOCAL AGENCY
I CONSIDERS ALUC
I
APPROVAL OR
OTHER ACTIONS.
REGULATIONS.
ADOPTED? I
PROJECT REOURES
COWENTS
OR PERMITS
IFS
GENERAL/SPECIFIC
OVERRDEITINDNGS
NOT REOUIRED
I
I
PLAN AIENDLEN7?
PROJECT
FOR APPROVAL-
.—
S ISTENT
CONSUTH
ACRCDX IT FOR
CLAW?
.
I
GUERAL/SPECM
ALUC REVIEW OF
NCIVDUAL PROJECTS
S
ACTION. PROJECT
-
PLAN PREVIOUSLY
FOUND CONSISTENTT
/ 21676.5(D)
hO
No ALUC
LOCAL APPROVAL
APPROVED
REVIEW
OF PROJECT
PROCESS
BY LOCAL AGENCY
I
GENERALI /$pE
PREVIOUSLY
I
PLAN
ADOPTED
BY OVERRDE4
CT
WENT
I
I
I
NTH
OVERRIDE
CLUPtY
PUBLIC
YEAPoNG
FMOt►TMlGS4
NOTKED
hp
I
ACTION, PROJECT
'
NOT APPROVED
�CLEARR TE
I
II
OiFiHS�PTON SiE tE%i
I
Sourca: Hodges 8 Shutt
(December 1883)
_.
BUTTE COUNTY AIRPORT LAND USE COMMISSION
MINUTES
F. MONTHLY STATUS REPORT
Regarding the Visalia workshop, there was consensus to direct staff to prepare a letter for the
Chairman's signature to the Pilot's Association thanking Brian Baldridge for providing
transportation to the workshop.
Ms. Webster reported on items of interest at the Visalia workshop.
Butte County Airport Land Use Commission minutes - July 15, 1998 - Page 1
+BgJ'1C7['lE COAJIEt][DOR'lI' ]LAfiTII9 gTg" COM1MSION +
• Department of Development Services • 7 County Center Drive, Oroville, CA 95965 • (916) 538-7601 FAX (916) 538-7785 •
MEMORANDUM
TO: Honorable Chair and Airport Land Use Commission
FROM: ALUC Staff
SUBJECT: Monthly Status Report
DATE: For the Meeting of July 15, 1998
4. Airport Land Use Workshop (Visalia - June 25, 1998) - Staff would like to extend a sincere
thank you to the Northern California Pilot's Association for providing air transportation to the
Airport Land Use Workshop in Visalia. The event was attended by Commissioner Gerst,
Alternate Baldridge, Alternate Ward, and Laura Webster. Presentations were given by
experienced land use planners from San Mateo County, the City of Ceres, Shutt Moen &
Associates, and specialists from the Caltrans Aeronautics Program. Topics discussed
included:
• An overview of the 1993 Airport Land Use Planning Handbook.
• State requirements and review processes for siting schools near airports.
• Use of FAA Airport Hazard Form 7460-1.
• Aircraft noise descriptions, measurement standards, management and mitigation.
• Formulation of a Comprehensive Land Use Plan (San Mateo County - In Progress)
• Conforming a City General Plan with a Comprehensive Land Use Plan (Approach
taken by the City of Ceres)
• Overview of the authority and legal basis for Airport Land Use Commissions and their
activities.
Copies of the workshop agenda and handout materials collected by staff have been provided
to the full Commission. The agenda contains the name and phone number for each member
of the workshop panel. Other pertinent information includes a website address where you can
access almost all state codes: www.leginfo.ca.gov. A phone number was also given for Dan
Burkland, President of the National Business Aviation Association (760) 749-6303.
• Butte County • Airport Land Use Commission •
Airport Land Use Workshop 0'
Visalia, California
June 25, 1998
Schedule:
09:00 AM - Welcome, Doug Silviera, ALUC Tulare County
09:05 AM - Workshop Overview, Jay White, California Pilots Association*
Larry Thelen, Esq. **
09:15 AM!.. Ken Brody, Shutt Moen Airport Planners. (707).526-5010. Subject: Caltrans' Airport
Land Use Planning Handbook. Followed by Q&A
09:45 AM - Christa Engle, Caltrans Aeronautics Program, Transportation Planner; (916)
654-5553. Subjects: School siting near airports, FAA Airport Hazards Form 7460-1,
CLUP consistency, Followed by Q&A
10:15 Break
10:30 AM - Dick Dyer, Caltrans Aeronautics Program, Environmental Officer, (916) 654-5507.
Subject: Aircraft noise, descriptions, measurement standards, management, mitigation. Followed
by Q&A
11:00 AM - Dave Carbone, Senior Planner and AL,UC Staff, Planner San Mateo County. (650)
363-4417. Subject: Formulation of a Comprehensive Land Use Plan. Followed by Q&A
12:00 Lunch
1:00 PM - Charlie Woods, Senior Planner, City of Ceres. (209) 538-5774: Subject: Conforming
a city general plan with a Comprehensive Land Use Plan. Followed by Q&A
1:30 PM - Panel Discussion, all panelists - questions from audience, answers, comments
3:00 PM - Adjourn
* The Workshop Facilitator is Jay White, volunteer president and legal counsel for the California
Pilots Association (CPA). CPA is a California nonprofit public -benefit 501(c)(3) corporation
whose main mission is to assist public entities in the preservation of California's public airports.
Additional information about CPA can be obtained by calling 1-800-244-1949 (California only),
(650)594-9300, FAX (650) 366-1915 or E-mail: jaMhite@pacbell.net.
** Larry Thelen is the experienced Caltrans Attorney who advises Aeronautics program
personnel on airport legal matters. His telephone number is (916) 654-2630.
Note: Telephone numbers of panelists are provided for those who wish to retain this sheet for
future reference.
J
CITY OF CERES
GENERALPLIAN
Adopted
February 24,.1997
t. ----)AIRPORT AREA
DEVELOPMENT
C�
0 LAND UVAND COMMUNITY DESIGN,ChaP ter 1
The northeastern part of the Planning Area is close to the Modesto City -
County Airport, located north of the river in Modesto. Itis the oldest
publicly owned airfield in the U.S., with its original dirt runway built in
1928. The airport serves the general aviation and commercial service needs
of Stanislaus County. The airport has two -runways for general aviation and
commercial uses. The longer 5,911 -foot runway serves the commercial uses,
while the 3,459 -foot runway is used for general aviation purposes.
In 1978, the Stanislaus County Airport Land Use Commission (ALUC)
adopted an Airport Land Use Plan for the Modesto City -County Airport.
Under various provisions of state law, cities and counties are required to
either bring their general plans and zoning and any specific plan into
compliance with the adopted County Airport Land Use Commission
(ALUC) plan for territory around designated airports.. or make specified
findings. The purpose of the airport land use plan and the consistency
requirement is to eliminate or minimize development around airports that
would be subject to significant levels of aircraft noise or would pose a safety
hazard to aircraft or occupants of the development in the event oT-a crash.
For the purposes of this General Plan, the City developed airport planning
area safety zones and standards based on the guidelines in the 1993.4
California Division of Aeronautics Airport Planning Handbook, in
consultation with the Modesto City -County Airport Manager and the
California Division of Aeronautics. The City relied on the more current
guidelines rather than using the standards in the 1978 ALUC Plan, since the
most current guidelines represent more recent scientific and planriitig
analysis of risks around airports, and to plan for and anticipate future
changes in this area if or when ALUC updates its 1978 plan
See also the 'Aircraft Crash Hazards 'section in Chapter 7, Health and Safety.
GOAL 1.H:
To regulate future development near the airport to provide for protection of
public health and safety.
POLICIES
1.H.1. The City shall emphasize compatibility of land uses for both urban
development and for airport facilities to ensure the availability of
local air transportation services and a quality living environment.
1.H.2. The City shall allow new development within Airport Safety Zones
(Figure 1-4) according to the standards in Table 1-2. At the
discretion of the Ceres Director of Planning and Community
Development, an applicant for a permit or other entitlement may be
required to submit survey information sufficient to document the
location of a property or development site in relation to the various
Airport Safety Zones.
1-25
Cees General Plan Policy Dmume tt
.0
72
VerLAJ
- 1T .:ji I:'i_..� --'•I �_� =r--- _ - — _r•• •: '.i�• I
Jaz.:21
•�..•.IY71:1 _ �•r _..1.1.L ' I lr.~1`: _ _ _.. ef_.. _.• '•rsa.,n.. .l.•
47
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`4, \1.>w/{"•i.s-- �. `'TOSIYRG:_..:-.c... vr.•s•-n..: o:.rcir.7N�:.«'B17iLv :..a..::e�.1�Ir,n:;:re.stt.._..
\ � i \ -� ... L .;t � • �i tom_. • � - \ - !I
-
f I COUNTY _
;I
J.
-
L,
21rL %3
_R� _
fir• __ * ' •�'• \
{w■..nic._inr _w 11
\ YODESTO CITY-:
Y. AIRPORT
\ i
� _ P-�{y1- 1.,11...0 •
Pr
__ !_ •—a, .. -N i—+.__. -�Ijlnj_�tr_(�_.-:1:..> -••_fir`. \ -(
CITY of MODESTO
YODESTO CITY -COUNTY AIRPORT
AIRPORT VASTER PIAN
PROGRAM EIR
SCALE
rtn n Tngrm
LEGEND
rNn role
rift Isle, ale 1 Tsn
— 140911 /rgerll e1911drl
IaNlital Sep/drill
Q 1- 1r 1- NOY
_ 91111/11 ro.11,
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FIGURE 7-2
'UTURE AIRPORT NOISE CONTOURS
2005106
PSD Ar/el/on
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Y O
1 1 '
���..
r � ,•
1 j1:
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\ YODESTO CITY-:
Y. AIRPORT
\ i
� _ P-�{y1- 1.,11...0 •
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__ !_ •—a, .. -N i—+.__. -�Ijlnj_�tr_(�_.-:1:..> -••_fir`. \ -(
CITY of MODESTO
YODESTO CITY -COUNTY AIRPORT
AIRPORT VASTER PIAN
PROGRAM EIR
SCALE
rtn n Tngrm
LEGEND
rNn role
rift Isle, ale 1 Tsn
— 140911 /rgerll e1911drl
IaNlital Sep/drill
Q 1- 1r 1- NOY
_ 91111/11 ro.11,
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FIGURE 7-2
'UTURE AIRPORT NOISE CONTOURS
2005106
PSD Ar/el/on
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Y O
IVVI�C � 1 HIVV/111V�7
(CALIFORNIA CODE OF REGULATIONS, TITLE 21, SECTION 5000 - 5090)
i i
s
LEGISLATIVE DIRECTIVES AND GUIDELINES
1. DEPARTMENT SHALL ADOPT NOISE STANDARDS
(A) APPLICABLE TO AIRCRAFT AND AIRCRAFT ENGINES
(B) AIRPORTS OPERATING UNDER VALID PERMIT
(C) NOT PROHIBITED BY; FEDERAL LAW
(D) BASED UPON ACCEPTABLE LEVEL TO REASONABLE PERSON
2. STATEWIDE UNIFORMITY NOT REQUIRED
3. MAXIMIZE LOCAL CONTROL AND ENFORCEMENT
4. CONSIDER ECONOMIC AND TECHNOLOGIC FEASIBILITY OF COMPLIANCE
5., COUNTY WHERE AIRPORT LOCATED SHALL ENFORCE THE NOISE STANDARDS
u
AIRPORT NOISE STANDARDS
1. Legislature directs Department.to adopt Noise Standards - 1969.
2. Department adopts Noise Standards in 1970.
3. Legislature delays' implementation of Noise Standards until 12/1/1972.
4. A noise description method (CNEL) was developed in Noise Standards.
5. Noise Standards designed to be used for land use planning as well as
regulatory.
6. Noise Standards include requirement for noise monitoring to validate
location of Noise Impact Boundary.
7. Single
Event Noise Equivalent
Level (SENEL)
requirements were included
that
were later shown to be
preempted by
Federal law (ATA v Crotti).
8: Regulatory criterion sufficiently restrictive that a variance process was
included in consideration of feasibility of compliance.
9. County enforcement provided in accord with legislative directive.
SOME KEY FACTORS IN
HUMAN RESPONSE TO AIRCRAFT
NOISE FACTORS
EVENT NOISE LEVEL
DURATION OF EVENT
NUMBER OF EVENTS PER DAY
TIME OF DAY
BACKGROUND NOISE LEVEL
HISTORY OF PRIOR EXPOSURE
SEASON OF YEAR
V.EWCMS.SM
Int/99 rare
NOISE
NON -NOISE FACTORS
ORGANIZED ACTIVITIES
ECONOMIC ASPECTS
SOCIAL CONSIDERATIONS
FEAR OF CRASH
SUSPECTED MALFEASANCE
LITIGATION
NEW AIRPORT PROPRIETOR
W
cn
O
Z
O
cn
W
LL.
LIM
W
Z
O
-
F-
Q
I
6
W
Z W �D
N W
t/1 ui J
a .
COMPARING THE FLYOVER
RECORDINGS OF TWO AIRCRAFT
AIRPLANE A
AIRPLANE B
BROADBAND AND PURE TONE NOISES
BROADBAND
souNo
PRESSURE
LEVEL
ld s1
SOUND
PRESSURE
LEVEL
(dB).
FREQUENCY (CPS) (Hz)
FREQUENCY (CPS) (Hz)
I]
i
+10
N 0
u
u
-o
CL -10
U
0 -20
N
nzc
N
V
cc
s -30
0
10
u
u
N
c
0
a -50
u
oc
-60
-70
10 100 1,000 10,000
Frequency, cycles per second (or Hertz)
AN APPROXIMATION OF THE FREQUENCY RESPONSE OF THE HUMAN EAR
�m
•
EQUAL PERCEIVED -NOISE SPECTRUM
Q .
110
100
SOUND
PRESSURE
LEVEL
DECIBELS 90
. (dB)
sod
31.5 63 125 250 500 .1000'2000 4000 8000
FREQUENCY
CYCLES PER SECOND (CPS)OR HERTZ (Hz)
PIANO
KEYBOARD
261.6
(MIDDLE C)
•
0
-4
20 56 100 200 500 1000 2000 5000 10,000 20,000
FREQUENCY, Hz
GRAPHICAL REPRESENTATION OF THE A, B, C, AND D WEIGHTINGS
m
v
J
W
W
J
W
Q
D
-11
N
W
Q
CL
z
-2
O
N
W
Q
-3
J
W
c
-4
20 56 100 200 500 1000 2000 5000 10,000 20,000
FREQUENCY, Hz
GRAPHICAL REPRESENTATION OF THE A, B, C, AND D WEIGHTINGS
.THE SOUND
PRESSURE
LEVEL
SCALE
-SOUND PRESSURE
SOUND
.SOUND
SOUND
(DYNES/SQ CENTIMETER)
PRESSURE
PRESSURE PRESSURE
LEVEL
LEVEL
(MICROBAR)
.(LB/SQ INCH)
(BELS)
(DECIBELS)
200
0.0029
12
120
20
0.00029
10
100
2
0.000029
8
80
0.2
0.0000029
6
60
0.02
0.00000029
4
40
0.002
0.000000029
2
20
0.0002
0.0000000029
0
0
SOUND PRESSURE LEVEL = 10 LOGjo
2
(P/PREF)
ADDING SOUND LEVELS
EXAMPLES OF ADDING TWO SOUNDS HAVING THE LEVELS SHOWN
100 dB + 100 dB 103.010 dB
100 dB + 95 dB = 101.193 dB
100 dB + 90 dB = 100.414 dB
100 dB + 80 dB = 100.043 dB
100 dB + 70 dB = 100.004 dB.
Conclusion: Large sound levels are so dominant that
lesser sound levels become insignificant when .
sound levels differ by 10 dB or more.
x
TWO COMMONLY USED ACOUSTICAL GENERALITIES
1. EACH DOUBLING OF DISTANCE TO AN AIRCRAFT REDUCES THE
MEASURED NOISE LEVEL BY APPROXIMATELY 6 DECIBELS.
2. IN GENERAL, A REDUCTION OF 10 DECIBELS (dB) REDUCES
NOISINESS TO HALF ITS ORIGINAL LEVEL.
•
100 dB
C� 100 Ft.
1
IN.
86.0 dl.
@ 500 Ft
@ 1000 F
76.5 dB
t @ 1600 Ft
74.0 dB
@ 2000 Ft
72.0 dB
@ 2500 Ft
170.5 dB
d0 3000 Ft
NOISE REDUCTION' THROUGH SPHERICAL DISPERSION
For An Aircraft Noise Level Of 100 Decibels
Measured 100 Feet. From The Alrcraft
Note: Both Air And Ground Adsorption Will Further Reduce Noise
Levels Beyond The Effects Of Spherical Dispersion
f
`89.1 dB 68.0 dB ,
@ 3500 Ft @ 4000 Ft
NOISE REDUCTION DUE TO'SPHF_RICAL DISPERSION
100 -...; ,....... ...... .......
r.... .., ....:
90 .. :..........
m
80 ...........
...... ...... ; ........ ..... ......
Z
70 .... :....:....: .. ; ... :.... : ... ; ...._
60 -'
0 1 2 3 4. 5 6 7 8
DISTANCE BETWEEN SOURCE AND RECEIVER (1000 FEET)
0
0
•
PERCEIVED NOISE LEVEL. CONTOURS - ONE ENGINE RUNUPS.
CIVIL AND MILITARY JET AIRCRAFT WITH TUR80FANI ENGINES.
SINGLE EVENT NOISE. EXPOSURE LEVEL (SENEL) CONCEPT
Ip� SENEL
TIME
•
•
W
V
Z
0
V
J
Z
rJ J
W
W
J
W
Z
J
D
0
Vqa 13A31 3S I OBJ
1
W
V
Z
0
V
J
Z
rJ J
W
W
J
W
Z
J
D
0
Vqa 13A31 3S I OBJ
e
COMMUNITY NOISE EQUIVALENT LEVEL (CNEL)
Definition: The CNEL, in decibels, represents the average noise level during a 24
hour day, adjusted to an equivalent level to account for the lower
tolerance of people to noise during evening and night time periods.
Or, by equation
CNEL = 10 log (1/24) [zantilog, (HNLD/10) + 3Fantilog (HNLE/10) + 101:antilog (HNL/10)]
Where Z means summation; and
HNLD
are the
hourly noise
levels for the
period
0700-1900 hours
HNLE
are the
hourly. noise
levels for the
period
1900-22004hours
HNLN
are the
hourly noise
levels for the
period
2200-0700 hours.
0
j
AIRPORT NOISE DESCRIPTION METHODS
CNEL = SENEL + 10. Log (ND + 3NE + 10NN) -- 49.4
LDN = SEL + 10 Log (ND + NE + 10NN) — 49.4
NEF ' _ EPNL + 10 Log (ND + NE + 16.67NN) — .88
CNR = PNL + 10 Log (ND ' + NE + 16.67NN) — 13
Where N = Number of Operations Per Time Period
Day (D): 0700 - 1900 Hours
Evening (E): 1900-2200 Hours
Night (N): 2200-0700 Hours
CONTOUR OF EQUAL NOISE LEVEL.
DURING TYPICAL JET TAKEOFF
ALTITUDE
(1000 FT)
HORIZONTAL
DISTANCE t '.
FROM
FLIGHT PATH
(1000 FT)
1
•
z25
20
10
5
DISTANCE FROM START OF •
TAKEOFF ROLL (1000 FT)
Residential
Industrial
Airport Property
The Noise Impact Area is the Sum of All
the Cross -Hatched Areas, in Square Statute
Miles. Noise Impact Boundary Applicable
to Homes of Normal Construction
Agricultural
Industrial
Resident. Agricultural
Noise Impact Boundary
Applicable to
Acoustically Modified
Homes
Acoustically Treated
X.
Residential
CONCEPTUAL SKETCH OF NOISE IMPACT BOUNDARIES AND NOISE.
IMPACT AREA
K
•
NORMALIZATION
-- BASIS FOR ADJUSTING CRITERIA TO FIT SITUATION
-- GIVES CONSIDERATION TO LOCAL CONDITIONS
--USES QUALITATIVE DESCRIPTIONS IDENTIFIED BY EPA & OTHERS
USEFUL FOR: ?
QUIET RURAL AREAS
NOISE;SENSITIVE AREAS
T OPERATIONS
AIRPORTS HAVING FEW FLIGH;
COMPARATIVE CNEL VALUES AT VARIOUS LOCATIONS
Slide 4
QUALITATIVE CNEL
DESCRIPTIONS DECIBELS
OUTDOOR LOCATIONS
— 90 —
LOS ANGELES —3rd Floor Apartment Next to
__-.-
Freeway
—so—
LOS ANGELES —Downtown with Some Cvn-
NOISE
struction Activity
NTOWN MAJOR
[M:ETROPOLIS)\
HARLEM - 2nd Floor Apartment
HIGH DENSITY —Downtown San Francisco
Residential
VERY NOISY —7 —
MEDIUM -HIGH San Francisco Residential
DENSITY — Near Downtown
NOISY URBAN
H
Z
URBAN _60—
LOW DENSITY —Los Angeles - San Fernando
w
Valley Residentlal
Q
SUBURBAN
SMALL TOWN
LOW DENSITY —Berkeley Hills
AND—
QUIET SUBURBAN R
SAN DIEGO —Wooded Residential
CALIFORNIA —Tomato Field on Farm
—
— 40 —
COMPARATIVE CNEL VALUES AT VARIOUS LOCATIONS
Slide 4
Adjustments to the
Measureommunity Noise Equivalent Leve* CNEL)
to Obtain Normalized CNEL
ount or orrec Ton •I
I' Type of I I to .be Added to Measured I
Correction I Oe sc ri p ti on I CNEL in dB I
I I I
i Seasonal
( Summer
(or year-round operation). I
0
I Correction
I Winter
only (or windows always closed). I
-5
Correction
for Outdoor
Residual
Noise Level
i Correction
i for Previous
I Exposure and
I Community
I Attitudes
Quiet suburban or rural community (remote I
from large cities and from industrial I
activity and trucking). . I +10
Normal suburban community (not I
located near industrial activity) . I +5
I Urban residential community (not I
I immediately adjacent to heavily traveled I
I
-roads and industrial areas) . I 0
i I
I Noisy urban residential community (near
I relatively busy roads or industrial I
I areas). 1 -5
I Very noisy urban residential community I -10
No prior experience with the intruding I
noise. i +5.
Community has had some previous exposure I
to intruding noise but little effort is I
being made to control the noise. This 1
correction may also be applied in a sit- I
uation where the community has not been I
exposed to noise previously, but the I _
people are aware that bona fide efforts I .
are being made to control the noise i 0
Community has had considerable previous I
exposure to the intruding noise and the i
noise maker's relations with the I
community are good. i -5
Community aware that operation causing I
noise is very necessary and it will not I
continue indefinitely. This correction I
can be applied for an operation of limitedl
duration and under emergency circumstances -10
Pure Tone ( No pure tone or impulsive character. 1 0
or Impulse i Pure tone or impulsive character present. i'. +5
Slide 3
J
APPENDIX B
AERONAUTICS LAW
STATE AERONAUTICS ACT
PUBLIC UTILITIES CODE
(CHAPTER 4, ARTICLE 3.5)
AIRPORT LAND USE COMMISSION
Creation; Membership; Selection
21670. (a) The Legislature hereby finds and declares that:
(1) It is in the public interest to provide for the orderly development of each public use
airport in this state and the area surrounding these airports so as to promote the overall goals
and objectives of the California airport noise standards adopted pursuant to Section 21669 and
to prevent the creation of new noise and safety problems.
(2) It is the purpose of this article to protect public health, safety, and welfare by ensuring
the orderly expansion of airports and the adoption of land use measures that minimize the
public's -exposure to excessive noise and safety hazards within areas around public airports'to
the extent that these areas are not already devoted to incompatible uses.
(b) In order to achieve the purposes of this article, every county in which there is located
an airport which is served by a scheduled airline shall establish an airport land use
commission. Every county, in which there is located an airport which is not served by a
scheduled airline, but is operated for the benefit of the general public, shall establish an airport
land use commission, except that the board of supervisors of the county may, after consultation
with the appropriate airport operators and affected local entities and after a public hearing,
adopt a resolution finding that there are no noise, public safety, or land use issues affecting any
airport in the county which require the creation of a commission and declaring the county
exempt from that requirement. The board shall, in this event, transmit a copy of the resolution to
the Director of Transportation. For purposes of this section, 'commission" means an airport land
use commission. Each commission shall consist of seven members to be selected as follows:
(1) Two representing the cities in the county, appointed by a city selection committee
comprised of the mayors of all the cities within that count y, except that if there are any cities
contiguous or adjacent to the qualifying airport, at least one representative shall be appointed
therefrom. If there are no cities within a county, the number of representatives provided for by
paragraphs (2) and (3) shall each be increased by one.
(2) Two representing the county, appointed by the board of supervisors.
(3). Two having expertise in aviation, appointed by a selection committee comprised of the
managers of all of the public airports within that county.
B-1
(D) Adopt processes for the amendment of general and specific plans to be consistent with
`} the comprehensive airport land use plans.
(E) Designate the agency that shall be responsible for the preparation, adoption, and
amendment of each comprehensive airport land use plan.
(3) The Division of Aeronautics of the department shall review the processes adopted
pursuant to paragraph (2), and shall approve the processes if the division determines that the
processes are consistent with the procedure required by this article and will do all of the
following:
(A) Result in the preparation, adoption, and implementation of plans within a reasonable
Amount of time.
(B) Rely on the height, use, noise, safety, and density criteria that are compatible with
airport operations, as established by this article, and referred to as the Airport Land Use
Planning Handbook, published by the division, and any applicable federal aviation regulations,
including, but not limited to, Part 77 (commencing with Section 77.1) of Title 14 of the Code of
Federal Regulations.
(C) Provide adequate opportunities for notice to, review of, and comment by the general
public, landowners, interested groups, and other public agencies.
(4) If the county does not comply with the requirements of paragraph (3) within 120 days,
then the plan and amendments shall not be considered adopted pursuant to this article and a
commission shall be established within 90 days of the determination of non compliance by the
division and a plan shall be adopted pursuant to this article within 90 days of the establishment
of the commission.
(d) A commission need not be formed in a county that has contracted for the preparation of
comprehensive land use plans with the Division of Aeronautics under the California Aid to
Airports Program (Title 21 (commencing with Section 4050) of the California Code of
Regulations), Project Ker -VAR 90-1, and that submits all of the following information to the
Division of Aeronautics for review and comment that the county and the cities affected by the
airports within the county, as defined by the plans:
(1) Agree to adopt and implement the comprehensive airport plans that have been
developed under contract.
(2) Incorporated the height, use, noise, safety, and density criteria that are compatible with
airport operations as established by this article, and referred to as the Airport Land Use
Planning Handbook, published by the division, and any applicable federal aviation regulations,
including, but not limited to, Part 77 (commencing with Section 77.1) of Title 14 of the Code of
-Federal Regulations as part of the general and specific plans for the county and for each
affected city. •
(3) If the county does not comply with this subdivision on or before May 1, 1995, then a
commission shall be established in accordance with this article.
(e) (1) A commission need not be formed in a county if all of the following condition are met:
(A) The county has only one public use airport that is owned by a city.
(B) (i) The county and the affected city adopt the elements in paragraph 2 of subdivision (d),
as part of their general and specific plans for the county and the. affected city.
(ii) The general and specific plans shall be submitted, upon adoption, to the Division of
Aeronautics. If the county and the .affected city do not submit the elements specified in
paragraph (2) of subdivision (d), on or before May 1, 1996, then a commission shall be
established in accordance with this article.
ME
damages to property or personal injury resulting or county's decision to proceed with the action,
regulation or permit.
(g) A commission may adopt rules and regulations which exempt any ministerial permit for
single-family dwellings from the requirements of subdivision (b) if it makes the findings required
.-pursuant to subdivision (c) for the proposed rules and regulations, except that the rules and
regulations may not exempt either of the following:
(1) More than two single-family dwellings by the same applicant within a subdivision prior
to June 30, 1993.
(2) Single-family dwellings in a subdivision where 25 percent or more of the parcels are
undeveloped.
(h) Until June 30, 19.93, no action pursuant to Section 21679 to postpone the effective
date of a zoning change, a zoning variance, the issuance of a permit, or the adoption of a
regulation by a local agency, directly affecting the use of land within one mile of the boundary of
a public airport, shall be commenced in the County of Mendocino.
(1) This section shall become inoperative on June 30, 1993, and is repealed on that date.
SEC. 2. In enacting Section 21670.3 of the Public Utilities Code pursuant to Section 1 of
this bill, the Legislature finds and declares that:
(a) The Legislature has not extended the deadlines in Sections 21671.5 and 21675.1 of
the Public Utilities Code for the Willits Municipal Airport.
(b) This act shall have no effect on the pending litigation brought by the City of Willits
regarding the lack of a comprehensive land use plan for the Willits Municipal Airport.
. (c) The Legislature does not intend to further extend the deadlines in Sections 21671.5
and 21675.1 of the Public Utilities Code for the County of Mendocino.
SEC. 3. The Legislature finds and declares that a special law is necessary and that a
general law cannot be made applicable within the meaning of Section 16 of Article IV of the
California Constitution because of the unique circumstances of the commission in the County of
Mendocino. The facts constituting the special circumstances are:
There are unique problems involved for the commission in preparing the comprehensive
land use plans with sufficient resources and broad public involvement, taking into consideration
such factors as the county's natural resources and lands of high scenic values.
Airport Owned by a City, District, or County; Appointment of Certain Members by
Cities and Counties
21671. In any county where there is an airport operated for the general public which is
owned by a city or. district in another county or by another county, one of the representatives
provided by paragraph (1) of subdivision (b) of Section 21670 shall be appointed by the city
selection committee of mayors of the cities of the county in which the owner of that airport is
located., and one of the representatives provided by paragraph (2) of. subdivision (b) of Section
21670 shall be appointed by the board of supervisors of the county in which the owner of that
airport is located. —
M
Initiation of Proceedings for Creation by. Owner of Airport
1
21673. In any county not having a commission or a body designated to carry out the
responsibilities of a commission, any owner of a public airport may initiate proceedings for the
creation of a commission by presenting a request to the board of supervisors that a commission
be created and showing the need therefor to the satisfaction of the board of supervisors.
Powers. and Duties
21674. The commission has the following powers and duties, subject to the limitations
upon its jurisdiction set forth in Section 21676:
(a) To assist local agencies in ensuring. compatible land uses in the vicinity of all new
airports and in the vicinity of existing airports to the extent that the land in the vicinity of those
airports is not already devoted to incompatible uses.
(b) To coordinate planning at the state, regional, and local levels so as to provide for the
orderly development of air transportation, while at the same time protecting the public health,
safety, and welfare.
(c) To prepare and adopt an airport land use plan pursuant to Section 21675. (d) To
review the plans, regulations, and other actions of local agencies and airport operators
pursuant to Section 21676.
(e) The powers of the commission shall in no way be construed to give the commission
jurisdiction over the operation of any airport.
(f) In order to carry out its responsibilities, the commission may adopt rules and
regulations consistent with this article.
Staff Training and Development
21674.5 (a) The Department of Transportation shall develop and implement a program or
programs to assist in the training and development of the staff of airport land use commissions,
after consulting with airport land use commissions, cities, counties, and other appropriate public
entities.
(b) The training and development program or programs are intended to assist the staff of
airport land use commissions in addressing high priority needs, and may include, but need not
be limited to, the following:
(1) The establishment of a process for the development and adoption of comprehensive
land use plans.
(2) The development of criteria for determining airport land use planning boundaries.
(3) The identification of essential elements which should be included in the
comprehensive plans.
(4) Appropriate criteria and procedures for reviewing proposed developments and
determining whether proposed developments are compatible with the airport use.
(5) Any other organizational, operational, procedural, or technical responsibilities and
functions which the department determines to be appropriate to provide to commission staff and
for which it determines there is a need for staff training and development.
M
land use plan shall be reviewed as often as necetry in order to accomplish
0
comprehensiveP
its purposes, but shall not be amended more than once in any calendar year.
(b) The commission may include, within its plan formulated pursuant to subdivision (a), the
area within the jurisdiction of the commission surrounding any federal military airport for all of
the purposes specified in subdivision (a). This subdivision does not give the commission any
jurisdiction or authority over the territory or operations of any military airport.
(c) The planning boundaries shall be established by the commission after hearing and
consultation with the involved agencies.
(d) The commission shall submit to the Division of Aeronautics of the department one copy
of the plan and each amendment to the plan.
(e) If a comprehensive land use plan does not include the matters required to be included
pursuant to this article, the Division of Aeronautics of the department shall notify the commission
responsible for the plan.
Date of adoption; review of actions; approval or disapproval
21675.1. (a) By June 30, 1991, each commission shall adopt the comprehensive land use
plan required pursuant to Section 21675, except that any county which has undertaken by
contract or otherwise completed land use plans for at least one-half of all public use airports in
the county, shall adopt that plan on or before June 30, 1992.
(b) Until a commission adopts a comprehensive land use plan, a city or -county shall first
submit all actions, regulations, and permits within the vicinity of a public airport to the
commission for review and approval. Before the commission approves or disapproves any
actions, regulations, or permits, the commission shall give public notice in the same manner as
the city or county is required to give for those actions, regulations, or permits. As used in this
section, 'vicinity' means land which will be included or reasonably could be included within the
plan. If the commission has not designated a study area for the plan, then 'vicinity' means land
within two miles of the boundary of a public airport.
(c) The commission may approve an action, regulation, or permit if it finds, based on
substantial evidence in the record, all of the following:
(1) The commission is making substantial progress toward the completion of the plan.
(2) There is a reasonable probability that the action, regulation, or permit will be consistent
with the plan being prepared by the commission.
(3) There is little or no probability of substantial detriment to or interference with the future
adopted plan if the action, regulation, or permit is ultimately inconsistent with the plan.
(d) If the commission disapproves an action, regulation, or permit, the commission shall
notify the city or coupty. The city or county may overrule the commission, by a two-thirds vote of
its governing body, if it makes specific findings that the proposed action, regulation, or permit is
consistent with the purposes of this article, as stated in Section 21670.
(e) If a city or county overrules the commission pursuant to subdivision (d), that action shall
not relieve the city or coLlnty from further compliance with this article after the commission
adopts the plan.
(f) If a city or county overrules the commission pursuant to subdivision (d) with respect to a
publicly owned airport that the city or county does not operate, the operator of the airport shall
be immune from liability for damages to property or personal injury from the city's or county's
decision to proceed with the action, regulation, or permit.
(g) A commission may adopt rules and regulations which exempt any ministerial permit for
single-family dwellings from the requirements of subdivision (b) if it makes the findings required
B-9
•. (6
airport land use commission pursuant to Section 21675, the local agency shall first refer the
proposed action to the commission. If the commission determines that the proposed action is
inconsistent with the commission's plan, the referring agency shall be notified.
The local agency may, after a public hearing, overrule the commission by a two thirds vote
of its governing body if it makes specific findings that the proposed action is consistent with the
purposes of this article stated in Section 21670.
(c) Each public agency owning any airport within the boundaries of an airport land use
commission plan shall, prior to modification of its airport master plan, refer such proposed
change to the airport land use. commission. If the commission determines that the proposed
action is inconsistent with the commission's plan, the referring agency shall be notified. The
public agency may, after a public hearing, overrule the commission by a two-thirds vote of its
goverriing body if it makes specific findings that the proposed action is consistent with the
purposes of this article stated in Section 21670.
(d) Each commission determination pursuant to subdivision (b) or (c) shall be made within
60 days from the date of referral of the proposed action. If a commission fails to make the
determination within that period, the proposed action shall be deemed consistent with the
commission's plan. -
Review of Local Plans
21676.5. (a) If the commission finds that a local agency has not revised its general plan or
specific plan or overruled the commission by a two-thirds vote of its governing body after
making specific findings that the proposed action is consistent with the purposes of this article
as stated in Section 21670, the commission may require that the local agency submit all
subsequent actions, regulations, and permits to the commission for review until its general plan
or specific plan is revised or the specific findings are made. If, in the determination of the
commission, an action, regulation, or permit of the local agency is inconsistent with the
commission plan, the local agency shall be notified and that local agency shall hold a hearing
to reconsider its plan. The local agency may overrule the commission after the hearing by a
two-thirds vote of its governing body if it makes specific findings that the proposed action is
consistent with the purposes of this article as stated in Section 21670.
(b) Whenever the local agency has revised its general plan or specific plan or has
overruled the. commission pursuant to subdivision (a), the proposed action of the local agency
shall not be subject to further commission review, unless the commission and the local agency
agree that individual projects shall be reviewed by the commission.
Marin County Override Provisions
21677. Notwithstanding Section 21676, any public agency in the County of Marin may
overrule the Marin County Airport Land Use Commission by a majority vote of its governing
body.
Airport Owner's Imununity
21678. With respect to a publicly owned airport that a public agency does not operate, if the
public agency pursuant to Section 21676 or 21676.5 overrides a commission's action or
recommendation, the operator of the airport shall be immune from liability for damages to
B-11
(b) If a commission has been prevented from adopting the comprehensive land use plan by
June 30, 1991, or if the adopted plan could not become effective, because of a lawsuit involving
the adoption of the plan, the June 30, 1991, date in subdivision (a) shall be extended by the
period of time during which the lawsuit was pending in a court of competent jurisdiction.
(c) Any action pursuant to Section 21679 commenced prior to January 1, 1990, in a
county in which the commission or other designated body has not adopted an airport land use
plan, but is making. substantial progress toward the completion of the plan, which has riot
proceeded to final judgment, shall be held in abeyance until June 30, 1991. If the commission
or other designated body adopts an airport land use plan on or before June 30, 1991, the action
shall be dismissed. If the commission or other designated body does not adopt an airport land
use plan on or before June 30, 1991, the plaintiff or plaintiffs may proceed with the action.
(d) An action to postpone the effective date of a zoning change, a zoning variance, the
issuance of a permit, or the adoption of a regulation by a local agency, directly affecting the use
of land within one mile of the boundary of a public airport for which an airport land use plan has
not been adopted by June 30, 1991, shall be commenced within 30 days of June 30, 1991, or
within 30 days of the decision by the local agency, or within the appropriate time periods set by
Section 21167 of the Public Resources Code, whichever date is later.
(Revised 11/15/94)
�-]W
J
California Public Resources Code
§ 21096. Airport—related safety hazards and noise problems; projects with.
In airport comprehensive land use plan boundaries or within
two nautical miles of airport; preparation of environmental
Impact reports
(a) If a lead agency prepares an environmental impact report for a project
situated within airport comprehensive land use plan boundaries, or, if a
comprehensive land use plan has not been adopted, for a project within two
nautical miles of a public airport or public use airport, the Airport .Land Use
Planning Handbook published by the Division of Aeronautics of the Department
of Transportation, In compliance with Section 21674.5 of the Public Utilities
Code and other documents, shall be utilized as. technical resources to assist in
the preparation of the environmental Impact report as the report relates to
airport -related -safety hazards and noise problems.
(b) A lead agency shall not adopt a negative declaration for a- project
described in subdivisieo.lead agency considers whether the
project will result In a safety hazard or noise problem. for persons using the
airport or for persons residing or working in the project area.
(Added by Stats.1994, c. 438 (S.8.1453), § 1.)
•
California Government Code .
f 66302.3. General and applicable aped8c plans; consistency with airport land use plans; .amend -
went; nonconcurrence findings
(a) The general plan, and any appHcable specific plan prepared pursuant to Article 8 (commencing with
Section 664b0), shall be consistent with the plan adopted or amended pursuant to Section 21676 of the
Public Utilities Code.
(b) The general plan, and inyy applicable Specific plan, shall be amended, as necessary, within 180 days
of any amendment to the plan- required under Section 21676 of the PubHe Utilities Code.
(c) If the legislative body..does not'concur with any provision of the plan required under Section. 21675
of the Public Utilities Code, it may sa the provisions of this section by adopting findings pursuant to
Section 21676 of the Public Utilities. Code.
1*
Source: Hodges & Shutt. (December 1993)
E
_
I
I
LOCAL PLAN /PROJECT CONSISTENCY
(
LOCAL AGENCY ACTION
I
OUTCOME
Lk ACTION TYPE
-
CLUP STATUS
I
RAN ADOPTED
..
PLAN
LOCK ADOPTION
by
APPROVp
PROCESS
LOCAL AGENCY
S
CONSISTENT
.
- -
NTH
I
RESUBMYT PIAN
CLUPT 1O
AOENCY
r. AINEO
(wT�l 100 DAYS
TO ALUC
'
I
S2166766((C)
OOV. CODE
O
:65J02.�
RAN ADOPTED:
NO AUUC 11[WEN
S
or
INDIVDUK PROJECTS•
OVERRIDE
HEARING
Ft 0
T
1b
OONTNUEE KUC
GENE PLAN
aUP
ADOPtfIN
1
I
(
REVIEW OFOR ALL
ACTIONS -1 21676.5(0
SI'Eam PIAN
I
•
ADOPTICH
I
OR
PLAN AN ADOPTED
8Y
LOCAL AGENCY
MTOILSTED PARTY
LOCK ALTIO
I
I
COURT REV
21679(0)COURTID.
I
AMEND ANREVIEWT
PLAN D OPTE
REVIE Cr
RS
I
CONSISTENTT NTI
PURPOSE OF STATUTE
l:.S
ADAC
p71rDUK PROJECTS
UNTIL CLOP ADOPTED
-
.
I
I
� 21675.1(x)
-
Y
PSK
OVERRIDENTH
I
CUA
NO
HEING
�
FINDINGS?hp
DENG I
I
216751 d
OONTIIUED KUC
OF
PREPARED?REVE>r
s
AL1 ACTIOINS
MEETS
I
216751(0)
CRITflMT
S
PIAN ADOPTED
RAN
LOCK ADOPTION
ey
LOCK AGENCY
APPROVE
PROCESS
I
APPROVAL OR
ACTIONS.
NOOTHERER
CLOP
41EN=MjSFtSClI`lC
ANANENOMEN
I
OCAL AGENCY
I CONSIDERS ALUC
I
REGULATIONS.
ADOPT[DY/SPECM
I
COMMENTS:
OR PERMTS
*M"CTRE
PROJECT
N OUItEDNDMENT1
FOR APPROVAL -
4b. S
CONSISTENT
�S
AGREEMENT FOF
f
�i
GCMRAL/SKCf1C
' INDIVIDUAL PROEC
S
ACTION. MiQECT
PLAN PREVIOUSLY
• 21676.5(e) yQ
110 AUIC
LOCK APPROVAL
APPROVED
FOUND C0149STMTT
OJECT W
PROCESS
A
P
By LOCAL AGENCY
-
//$$ppEE
PREM0115L�T
I
ADOPTED
PROJECT
BY OYERRDET 1E
CONSISTENT
I
aWTN
OVERRIDEI
AGENCY
IE
FIOMS9
"
MOTWIED
.�N
.
Np
I
I
I
ACTION, PROJECT
NOT APPROVED
-
I
.STATE LAr K MOT fIA1Y
I
}
CLEAR ON MMS FONT—SEE lEki
Source: Hodges & Shutt. (December 1993)
E
+BUTTE COUNTY AIRPORT LAND USE COMMISSION +
• Department of Development Services • 7 County Center Drive, Oroville, CA 959% • (916) 538-7601 FAX (916) 538-7785 •
MEMORANDUM
TO: Honorable Chair and Airport Land Use Commission
FROM:' ALUC Staff
SUBJECT: Monthly Status Report
DATE: . For the Meeting of June 17, 1998
Status of Caltrans Grant for CLUP Preparation - On May 19, 1998, the Butte County ALUC
received written notification from the Department of Transportation Aeronautics Program,
that the California Transportation Commission (CTC) approved the allocation of an
additional $40,000 to the Butte County ALUC from the California Aid to Airports Program.
This supplemental allocation, together with the earlier allocation of $41,000 is intended to
assist with -funding updates to the Comprehensive Airport Land Use Plans (CLUP) for all
four public use airports within the County.
-� The combined allocation of $81,000 is considered by the CTC and Caltrans to be up to
90% of the total project cost. Therefore, the match for the total grant amount is 10% of the
total project cost or $9,000. This can be a cash match, an "in kind" match, or some
combination of both. Although the precise project cost will not be known until proposals
are submitted by qualified consultants and a firm is selected, the grant funding that has
been approved is expected to be adequate fora majority of the total project.
According to previous information provided by the Department of Transportation, the
allocated funds are not released as a lump sum. They are released as a reimbursement
for. monies which the ALUC pays to the consultant, less the 10% county match and a 10%
holdback until the project is completed. Since the funds can only be released in the form
of a reimbursement, it is likely that the '98-99 annual budget for the Butte County ALUC
will need to be modified in some fashion to ensure that adequate funding is available for
up front project costs.
In order to complete the grant agreement process, an authorized official of the sponsor
identified by minute order or resolution must sign and return an executed copy of the
Public Entity's Acceptance of the Allocation for Additional Funds on or before June 18,
1998. The necessary. resolution will be presented to the Board of Supervisors for approval
at their regular meeting on June 9, 1998 to ensure that acceptance of the funds is
completed well in advance of the deadline.
• Butte County • Airport Land Use Commission •
0
2. Status of the RFP for CLUP Preparation - At the time of this report (June 1, 1998), ALUC
staff has not received written comments from the Department of Transportation
Aeronautics Program regarding that agency's suggestions for changes to the Draft RFP
for preparation of the CLUP for all public use airports within the County. The Draft RFP
was originally submitted to Caltrans for their authorization on May 6, 1998. Prior to and
following ALUC's regular meeting on May 20th, staff has kept in close contact with Christa
Engle of the Aeronautics Program to help expedite completion of that agency's response.
The last estimate from Caltrans for the submittal of formal comments was June 5, 1998.
Following the receipt of Caltrans' comments on both the Draft RFP and Airport Layout
Plans for the Chico Municipal Airport, Paradise Skypark Airport and Ranchaero Airport,
staff will finalize the RFP and distribute it to a list of qualified consultants. The tentative
due date for proposal submittal is one month following the release of the RFP.
Airport Land Use Workshop (Visalia June 25,_J8 199- An Airport Land Use Workshop
sponsored by the California Pilots Association will be conducted on Friday, June 25, 1998,
between 9:00 A.M. AND 3:00 P.M. in Visalia (see attached flyer). Presentations will be
given by experienced land use planners and specialists from the Caltrans Aeronautics
Program. The focus of the workshop will be the practical creation and implementation of
Comprehensive Airport Land Use Plans. This is an excellent educational opportunity for
all ALUC members, particularly in light of our upcoming CLUP preparation process. There
is also a possibility that the Northern California Pilots Association may be able to provide
air transportation to the event. Advanced registration is required for the workshop.
Interested parties should contact Chairman Hennigan at (work) 891-1862 or by (fax) 898-
9341. This workshop notice has also been distributed to appropriate officials and agency
staffs at Butte County; all cities within the county, and the Chico Airport Commission.
4. North Chico Speck Plan Signage. The North Chico Speck Plan requires the installation
of 8 signs that are 5' by 2'/' in size. The Butte County Public Works Department does not
prepare signs of the size required. However they do prepare signs that are 36" x 45" in
size. Planning staff is checking with County Counsel to see if an amendment to the
`- Specific Plan is required in order to amend the sign size. The signs cost $143.50 each
.;?. plus $100.00 per installation if all are made and installed at the same time. The total cost
of preparing and installing the signs is $1,964. The Development Services Department is
making arrangements for Public Works Department to install signs in the near future. The
signs are to read:
. AIRCRAFT OVERFLIGHT ZONE
This area is subject to noise impacts and safety hazards
related to the operations of the Chico Municipal Airport
and from aircraft overflight.
5. ALUC Staff Time Accounting - Pay periods 09 and 10 (4/18/98 through 5/15/98). Total
hours dedicated to work on ALUC .issues by individual staff members.
• Butte County • Airport Land Use Commission •
2
Tom Parilo 4.0 hours
Paula Leasure 13.25 hours
Laura Webster 37.5 hours (4/8/98 through 5/15/98)
Paula Atterberry 18.0 hours
6. Ranchaero Airport - The Moorehead's have signed the agreement with the
Ranchaero Airport. However, Gary Griggs, Ranchaero Airport owner has not yet
signed. Mr. Griggs wanted to be assured by Cal -Trans that the restriction to flight
operations would be lifted. Subsequently, Jim Michaels, required detailed drawings
of the encroachment area prior to lifting restrictions. Mr. Griggs is having
professional drawings prepared. After submission to Cal -Trans it is anticipated that
the restrictions will be lifted.
7. Preparation of Draft County Ordinance --ALUC Staff is in the process of making
revisions to the County Ordinance as it applies to airports in Butte County. During
a detailed review of the current ordinance, staff determined that there were several
questions that needed to be answered. Staff also needs to meet with county
counsel. The draft ordinance may be ready for the Commission to review at the
July meeting.
8. Chico Master Plan Technical Advisory Committee Craig 'Sanders has been
appointed as the Butte County Department of Development Services. - Planning
Division representative. '
9. Cell Tower Ordinance - Preparation of the draft ordinance is underway by the
Planning Division. It is expected that the draft ordinance will be scheduled for
hearing before the Planning Commission sometime this summer. ALUC will have
the opportunity to review and comment on the draft ordinance.
10. Follow up on Letters to Citv of Chico and the Federal Aviation Administration - At
the January 21, 1998 meeting the Commission directed staff to send a letter to the
City of Chico requesting them not to represent the FAR PART 150 Noise Study as
an ALUC adopted document and to send a separate letter notifying the FAA also
that the document was not adopted by ALUC. Staff prepared the letters as directed
and did not request a response.
-
• Butte County • Airport Land Use Commission •
3
From LANDLOOK I M ESTI GAT I � PHONE No. 916 898 9341
Airport Turd Use Workshop
. p
1� for, ..
Jun.01 1998 10:43AM P01
* Airport 1Land Use Commis6imters,
" ALUC Staff,
" City Planners,
* ronnty Planners,
* Elected OfflcWs,
* Airport Managers
* X,and developers
* Anyone interestcd in knowing about airport la id use plunging
Planning p;vjSlon
JUN 0 11998
0MV1110, Caftomia
Presentations will be given by experieneed land use planners and speciatlsts.ti•om the
Caltrans Aeronautics Program. The focus will be ou practical facets of bow to create'and
implement an Airport Comprebcasive Land Use Plan.
Topics.will include:
* Why have an ALUC
" ALUC Member Composition
" Legal status, authority and duties of an ALUC,
* Planners' tools and resources such as the Airport Land Use Planning Handbook,
* Conflicts of members' interests, duties and loyalties, .
* Litigation by or against an ALUC,
* ALUC pitfalls: Yet, No, Maybe
* Politics of Land use Planning
Workshop Location: Tulare County Department of Education, Elderwood Room,
Doe Avenue complex, 7000 Doe Avenue, Visalia, CA 93291
When: June 25,1998, 9:00 AM sharp - end 3:00 PM
Advance registration is required. A registration fee of $IO will be collected at the door -
includes lunch
To register f9r the Workshop: Send this form by FAX to Andrew Remus, (209)
730-2604, or mail to Tulare County ALUC, 5961 South Mooney Blvd., Visalia, CA 93277.
Name Y Tele bone FAX Number
County Position or title E-mail address
For more information about the workshop tail California Pilots Association at 1-500-244-
1949, or FAX (650) 366-1915. The Workshop will be facilitated by the Caliibrnis Pilots
Association. The Caltrans Aeronautics Program will be a participating agency along with
legal counsel and experienced city and county planners.
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