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Home My WebLink AboutALUC CORRESPONDENCE DEC. 10, 02 - JAN 6, 03AIRPORT LAND USE COMMISSION CORRESPONDENCE — December 10, 2002- January 6, 2003 Date Received /Sent Incoming To Outgoing To , From. Subject ' 12/18/02 Agasy, Inc.' • , ALUC/Dolores Horn Letter of consistency and Deed Notice sent following the meeting of December f8, 2002. 12/18/02 ALUC Kim Seidler, Planning Director, City of Chico Verizon Wireless Cell Tower 01/03/03 ALUC Paul. -McIntosh, Chief Administrative Officer Duane Greenwood- Appointment as City Representative to ALUC. K:\Planning\ALUC\Correspondence\Jan03ALUC.log.doc j COMMUNITY DEVELOPMENT DEPARTMENT PLANNING ' �� 411 Main Street CITYorCHICO P.O. Box 3420 INC. 187Z Chico, CA 95927 (530) 895-4851 FAX (530) 895-4726 ATSS 459-4851 Butte County Airport Land Use Commission 7.County Center Drive Oroville, California 95965-6571 Re: Verizon Wireless Cell Tower Dear Commissioners: E December 16, 2002 al•E LC, U DEC 1 $ 2002 Thank you for your 'letter of November 12, 2002, to the City Manager, in which you requested that the City staff review, and the City reinterpret, its ordinance with regard to the lighting of wireless telecommunications towers. .I do not agree with the Commission's conclusion that the reference in the Chico Municipal Code (CMC) to airport zones includes the compatibility zones established in the 2000 Airport Land Use Compatibility Plan (ALUCP). The CMC includes the following definition (Section 10.04.020.A): Airport Zone or Zoning District. Any of the airport zoning districts established by Section 19.40. 010 (Zoning districts, generally), including A (Aviation), AC (Airport Commercial), AM (Airport Manufacturing/Industrial), and AP (Airport Public Facilities). The ALUCP's compatibility zones are not included in this definition, and are therefore not referenced in CMC Section 19.78.120. Furthermore, while the Commission is correct in pointing out that CMC Section 19.78.010 states that the regulations are intended to "protect the public's interest in the safe operation of public safety, emergency. and medical services," that same section states that the regulations are also intended to: B. Require telecommunications facilities to be designed in a way to minimize adverse visual impacts. A primary purpose of land use regulations is to balance competing needs, and this is no exception. Consistent with the understanding of your staff, I have been informed by the Federal Aviation Administration that its regulations do not require that this tower be lighted. Nevertheless; your issues regarding flight safety along the Highway 99 corridor, have been acknowledged by the Q;&. Made From Recycled Paper Butte County Airport Land Use Commission ' December 16, 2002 Page 2 City staff, and we recognize the ALUC's jurisdiction in Compatibility Zone D in the 2000 ALUCP, as well as the validity of the Commission's discretion to make determinations, based on local considerations, that may vary from FAA requirements. My major concern at this point, however, is about a use permit applied for and approved in good faith that cannot be exercised. You may recall that last spring the City staff recommended that the CMC be amended to permit lighting if required by FAA regulations or if the Planning Comniission finds that it should be required to prevent the tower from becoming a hazard to aircraft. (This is the amendment that Was contemplated in Condition #2 of the applicant's use permit, which required that the CMC be amended in order for the use permit to be effective.) At that time the City Council elected to not. approve the amendment. r I would propose at this time to take this matter back to the City Council for a reconsideration of this proposed amendment. If.the Council can be assured that i tower light can be designed in such a way as to be both effective in enhancing flight safety and essentially invisible from the ground, as I believe it can, and if you will clarify that your concern about safety in this instance is specifically connected with the Highway, 99 corridor, and that the Commission therefore does not intend to require lighting in connection with every existing and potential tower site anywhere in Chico within an ALUCP compatibility zone, it is .possible that the amendment could now be supported. I would appreciate if if you would provide me with such a clarification, and will convey it to the City Council along with my request for reconsideration. If and when this matter is in fact scheduled for City Council deliberation, I will inform you in advance through your staff. Respectfully, Kim Seidler Planning Director cc: CM, ACM, CA; ACA Barker, CDD, PP, AP Palmeri, SP Sigona Jerri Lynn Janjua; Regulatory Analyst, Network Compliance, Verizon Wireless, One Verizon Place, MC:GA3BIREG, Alpharetta, GA 30004, UP O1-52 r Suite, county at LAND OF NATURAL WEALTH AND BEAUTY AIRPORT LAND USE COMMISSION v 7 COUNTY CENTER DRIVE . OROVILLE, CALIFORNIA 95965-3397 TELEPHONE: (530) 538-6571 FAX (530) 538-7785 WWW.buttecounty.net/dds/ December 18, 2002 Agasy, Inc. Attn: Tony Symmes P.O. Box 617 Chico, CA 95927-0617 RE: Application, File No. A02-10 APNs 048--061-002, 003, 004, 021, and 052. Dear Mr. Symmes: At its Wednesday, December 18, 2002 meeting, the Airport Land Use Commission made the motion to find the referenced project consistent with the 2000 Airport Land Use Compatibility Plan, subject .to a Deed Notice. Please refer to the enclosed letter for additional information. Should you need additional information, please contact me at (530) 538-7604. Sincerely, Dolores Horn Secretary I /dh Enc. cc: Claudia Sigona, Senior Planner, City of Chico Wesley E. Gilbert, Principal, Gilbert Engineering K:\Planning\ALUC\ALUC Applic Billing Letters\Sent Letters\A02-10 121802 Agasy,Inc..doc R y December 18, 2002 Agasy, Inc. Attn: Tony Symmes P.O. Box 617 Chico, CA 95927-0617 . . ....... ffutte Count LAND OF NATURAL WEALTH AND BEAUTY AIRPORT LAND USE COMMISSION 7 COUNTY CENTERDRIVE• OROVILLE, CALIFORNIA 95965-3397 TELEPHONE: (530) 538-6571 FAX: (530) 538-7785 www.buttecounty.neUdds/ RE: Deed Notice — ALUC Application A02-10 Dear ALUC Applicant: As a condition of your recent application to the Airport Land, Use Commission for a consistency review of your project, the Commission required that you include, as part of any transfer of real property, a Deed Notice informing the purchaser of potential impacts associated with being near an airport. Included below is the Deed Notice that has been approved by the Airport Land Use Commission. Please include the attached wording, as a notice, in any deed transferring title to any existing parcel or newly created parcel associated with your project. If you have. any questions about this matter, please do not hesitate to contact me at (530) 538-7603. The following should be included on the deed- for any real property subject to the deed notice requirements set forth in the Butte County Airport Land Use Compatibility Plan. Such notice should be recorded by the County of Butte. Also, this Deed Notice should be included on any parcel map, tentative map, or final map for subdivision approval. The Butte County Airport Land Use Compatibility Plan identifies this parcel as being within the Airport Influence Area for Chico. Properties within this area are routinely subject to overflights by aircraft using this public -use , airport and, as a result, . residents may experience inconvenience, annoyance, or discomfort arising from the noise of such operations. State law (Public Utilities Code Section 21670 et seq.) establishes the importance of public -use airports to'protection of the public interest of the people of the State of California. Residents of property near such airports should therefore be prepared to accept the inconvenience, annoyance, or discomfort from normal aircraft operations. Residents also Deed Notice Page Two -' should be aware that the current volume of aircraft activity may increase in the future in response to Butte County population_ and economic growth. Any subsequent deed conveying this parcel or subdivisions thereof shall contain a statement in substantially this form. Sincerely, Craig Sanders Senior Planner CS:dh K:\Planning\ALUMApplicant Ltrs\Deed Notice Notification Ltrs\121802 A02-10 Agasy Deed Notice Ltr.doc cc: Claudia Sigona, Senior Planner; City of Chico—