The URL can be used to link to this page

Home My WebLink AboutALUC_APRIL_2001I �' Y 1 ♦ � .� 1 j AIRPORT LAND USE COMMISSION CORRESPONDENCE— March 7 — April 18, 2001 r; i Date Received/ Sent Incoming To Outgoing,To From Subject • 3/27/01 M. A. Meleka ' ' ' Office of County Counsel, County of Butte Amendment to Agreement to Retain Attorney Services between Mr. Larry Thelen and Office of County Counsel, County of Butte. 4/3/01 ALUC Dept. of Transp.. Notification: Caltrans Handbook update to"be completed by Oct. 2001 4/6/01 ALUC Dept. of Transp. Errata Sheet 4/18/01 ALUC/M.A. Meleka ' Kim Seidler, Planning Dir., City of Chico FAX//letter Re: Proposed Eaton Ranch Subdivision. (Presented at the ALUC's mtg of 4/18/01 t i r FIRST AMENDMENT TO ® AGREEMENT TO RETAIN ATTORNEY SERVICES G;417--- CT s; . THIS AGREEMENT is a first amendment to that certain Agreement entitled "AGREEMENT TO RETAIN ATTORNEY. SERVICES" entered into between the County Airport Land Use Commission, ("ALUC") and LARRY THELEN, ("ATTORNEY") and dated November 20, 2000. This amendment supercedes all previous amendments. 1. Amendment. The provisions at page 1, lines 26-28 and page 2, lines 1-6, 'entitled Compensation and Expense Reimbursement., are deleted and hereby replaced with the following: 112. Compensation and Expense Reimbursement. ALUC shall compensate ATTORNEY for• actual legal services performed at the rate of one hundred dollars ($100) per, hour for attorney. time.' In no event'.. shall ALUC's total payment to ATTORNEY exceed six thousand dollars .($6,000) without written authorization from ALUC and COUNTY. In addition, ALUC*shall reimburse ATTORNEY for out of.pocket costs incurred on behalf of ALUC, including but not limited.to, telephone toll charges, photocopy charges, travel expenses at the rate of thirty five and one-half cents ($..355) per mile and overnight expenses where necessary.". 2. Further Terms. Except as expressly set forth herein, all remaining terms of. the Contract for Legal Representation shall remain in full force and effect. DATED: / J 0 C� ATTORNEY 12 LARRY TLEN 1 � DATED: AIRPORT LAND USE COMMISSION DATED:— J 6 y COUNTY OF BUTTE i BLA OCK, of Administrative Officer APPROVE A TO FORM: APPROVED AS TO BUDGETARY BRUCE A PERT AND FISCAL CONTROL Butte oun y Counsel DAVE OUSER, Au r.. By: v By: .-.G:\CONTRACT\THELEN\THELENI.WPD , 2. STATE OF CALIFORNIA—BUSINESS, TRANSPORTATION AND HOUSING AGENCY GRAY DAVIS, Govemor DEPARTMENT OF TRANSPORTATION - DIVISION OF AERONAUTICS M.S. #40 ZO N RTRFFT - ROOM Imn t30A 941574 CRAMENTO, CA 94274-0001 (916) 654-4959 FAX (916) 653-9531 • is March 30, 2001 To: Airport Land Use Commissions Dear (Contact): V E. C 19 0 l'! E l,J I APR 3 2001 BUTTE COUNTY AIRPORT LAND USE COMMISSION As you are aware, the update to the 1993 Airport Land Use Planning Handbook is currently underway. I wanted to keep you informed on the progress of the document and where we currently stand on its development.' , The Airport Land Use Planning Handbook is the primary tool used by Airport Land Use Commissions (ALUCs) to address airport/land use safety issues and determine compatible land uses surrounding airports in California. The consulting firm of Shutt Moen Associates was retained to complete the Handbook update. The original contract ending date was December "31, 2001. Because of delays and an expanded scope, it was necessary to request an extension beyond the ending date. The request for a contract extension was submitted to our parent agency, the office of Business, Transportation and Housing and approved on March 23, 2001. As it currently stands, the Handbook update is scheduled for completion by October 2001. Caltrans, along with ALUCs, cities and counties, consultants, and others who are involved" in airport land use planning, are aware of the importance of updating the Handbook in order to remain in compliance with existing laws concerning the updating of Comprehensive Land Use Plans (CLUPs). If you have questions, please contact me at (916) 654-7075. Sincerel i C� PATRICK TYNER Aviation Planner 04/17/2001 TUE 15:27 FAX 530 895 4726 CITY OF CHICO-BUILDING - d. �F • C1TYorCHICO INC 1872 COMMUNITY DEVELOPMENT DEPARTMENT PLANNING 411 Main Street P.O. Box 3420 Chico, CA 95927 (530) 895-4851 FAX (y30) 895-4726 ATS; 459-4861 April 17, 2000 Airport Land. Use Commission 7 County Center Drive Oroville, California 95965 Re: Proposed Eaton 'Ranch Subdivision Dear Commissioners: 00021003 I write this letter at the request of Mr. John Byrne, an applicant with Butte County for the processing of a proposed subdivision in the County just south of Eaton Road. Mr. Byrne met with me today to discus's his application, and has informed me that -he will be appearing at your meeting tomorrow for your consideration of its consistency with the 2000 • Airport Land Use Compatibility Plan. • I am aware that Mr. Byrne's project lies in an area zoned C(2) by the Plan, for which a minimum density of four units per acre is required, and am informed that Mr. Byrne's subdivision falls short of the number of lots needed to meet that minimum density. Please note that it is not the purpose of this letter to suggest how the Commission should administer or interpret its Plan with regard to this application. I do, however, wish to verify that the City of Chico (recognizing that the subdivision map is being processed by the County) has through its courtesy development review process taken a close look at the arrangement of lots and access, and has advised Mr. Byrne that his design is largely consistent with City requirements. related to both density and design. Furthermore,. . because of the irregular shape of the project site and the City's need to restrict direct access to Eaton Road from this property, it does hot appear that Mr. Byrne can successfully redesign his map to meet that density. The City has designated this site Low Density.Residential in its General Plan and, prezoned it R1 Single -Family Residential, which provides for a density range of 2.01 to.6 units per acre for a subdivision of this nature, and this map appears to fall well within that range. Without reference to the Compatibility Plan's density requirements, Mr. Byrne's subdivision map would appear to be supportable by the City in its present configuration. U�`7 Marie Fruru 2feeyeLtd P9yc7 04/1.7/2001 TUE 15:27 FAX 530 895 4726 CITY OF CHICO-BUILDING 0}003/003 E, A t Letter to Airport Land Use Commission • April 17, 2001 Page 2 If. you require further clarification of this matter,. please do not hesitate to contact me. Respectfully, Kim Seidler Planning Director cc: M.A..Meleka John Byrne fry STATE OF CALIFORNIA --BUSINESS, TRANSPORTATION AND HOUSING AGENCY DEPARTMENT OF TRANSPORTATION DIVISION OF AERONAUTICS M.S. #40 N STREET - ROOM 3300 BOX 942874 SACRAMENTO; CA 94274-0001 (916) 654-4959 FAX (916) 653-9531 April 5, 2001 4/ �/ 6 /. , � \Y DAVIS, Governor 3 D E C 900E APR 6 2001 BUTTE COUNTY AIRPORT LAND USE COMMISSION To: Airport Land Use Commissions and Caltrans Districts Planning Offices As indicated in our letter dated March 30, 2001, the update of the Airport Land Use Planning Handbook is scheduled for completion by October 2001. Because of the delay in completing the Handbook update, it is necessary to continue to use the 1993 version' + I have enclosed an errata sheet which makes current, laws that have changed since the Handbook was completed in 1993. These legislative changes are significant for Airport Land ,Use Commissions, in complying with state mandates in the development of Comprehensive'Land Use Plans. Please insert the errata sheet in your Handbook until the update is published later this year. If you have questions, please contact me at (916) 654-7075. Sincerely PATRICK TYNER Aviation Planner k r. • r; r. Airport Land Use Planning Handbook • Errata Sheet Since the Airport Land Use Planning Handbook was adopted in December of 1993, three additional laws were passed which added to the requirements found in the Handbook. ♦ Public Utilities Code Section 21674.7 An airport land use commission that formulates, adopts or amends a comprehensive airport land use plan shall (Italics added) be guided by information prepared and updated pursuant to Section 21674.5 and referred to as the Airport Land Use Planning Handbook published by the Division of Aeronautics of the Department of Transportation. ♦ Public Resources Code Section 21096 (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. ♦ Senate Bill 1350, Section 36 (Local Government Omnibus Act of 2000); Chapter 506 of the Statutes of 2000. Section 21670 of the Public Utilities Code is amended to read: (f) It is the intent of the Legislature to clarify that, for the purposes of this article, special districts are included among the local agencies that are subject to airport land use laws and other requirements of this article. Background Existing law requires an airport land use commission (ALUC) to adopt a comprehensive land use plan (CLUP) for every public use airport in that county (Public Utilities Code §21675). Cities and counties must. conform their general plans to CLUP (§21676). City councils and county boards of supervisors can overrule' a CLUP on a 2/3 -vote (§21676.5). The Napa ALUC learned that the Napa Sanitation District had already started building two sludge digesters at the northern approach to the Napa Airport. The structures were 80 feet tall in an area where the CLUP and local planning standards set the maximum height at 35-40 feet. Pilots believed that the District's tall structures were hazards to navigation. The District asserted that it was not subject to the CLUP. After conversations with the ALUC, the District continued with its construction project but agreed to install lights and use bright colors. To avoid similar conflicts in the future, Napa officials wanted the Legislature to make it clear that special districts — not just cities and counties — must follow a CLUP. This provision was part of AB 2940, an omnibus bill authored by the Assembly Local Government Committee. Because AB 2940 did not reach the Assembly Floor, the Assembly Committee requested this amendment to SB 1350. Senate Bill 1350 declares the Legislature's intent that special districts e subject to the ALUC statute. [§36] --end--