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HomeMy WebLinkAboutBUTTE COUNTY AIRPORT LAND USE COMMUNITY POLICY PLAN OCT 1996 DRAFT 100:01ui� BUTTE COUNTY AIRPORT LAND USE COMMISSION POLICY PLAN OCTOBER 19% BUTTE COUNTY AIRPORT LAND USE COMMISSION, 7 COUNTY CENTER DRIVE; OROVILLE, CA 95965 0 AIRPORT LAND :USE�COMMISSION POLICY PLAN 0 ACKNOWLEDGMENTS AIRPORT LAND USE COMMISSION STAFF Stephen Lucas, Associate Planner Paula Leasure, Principal Planner AIRPORT LAND USE COMMISSION Fred Gerst, Chairman Nina Lambert Tom Lando Bob Hennigan John Franklin Allen Campbell Jim Causey SUPPORT STAFF Larry Painter,, Planning Technician Paula Atterberry, Clerical and Contributing Editor AIRPORT LAND USE COMMISSION POLICY PLAN 'TABLE OF CONTENTS Page INTRODUCTION ....................... . ............... 1 A. BACKGROUND , .... ....... 1 B. USE OF POLICY PLAN ....... ... ............................... 3 FINDINGS, POLICIES AND IMPLEMENTATION ............................ .4 A. GENERAL POLICIES ............ 5 B. AIRPORT HEIGHT RESTRICTION AREA ..........................:.... 7 C. AIRPORT NOISE RESTRICTION. AREA ............................... 14 D. AIRPORT SAFETY RESTRICTION AREA 25 E. AIRPORT OVERFLIGHT CONSIDERATIONS 37 F. AIRPORT SURFACE TRANSPORTATION CONSIDERATIONS 40 111. APPENDICES A. SPECIFIC FINDINGS FOR OVERRIDE PROCEDURE .................. 43 B. PUBLIC UTILITIES CODE ......................... 45 C. EDUCATION CODE ............... ................................... 48 D. PLANNING AND ZONING LAW ..................................... 51 LIST OF FIGURES 1. OBSTRUCTION CLEARANCES PROVIDED BY FAR PART 77 IMAGINARY SURFACES . ............................................. 7 2. EXAMPLE OF PART 77 CIVIL AIRPORT IMAGINARY SURFACES ............ 11 3. COMMON SOUND LEVELS ..............................:........... 15 4. COMMUNITY RESPONSE TO TRANSPORTATION NOISE 15 5. MAJOR GENERAL AVIATION ACCIDENTS ON OR NEAR AIRPORT BY TYPE OF OPERATION (1974-1989) ....................................... 27 AIRPORT LAND USE COMMISSION POLICY PLAN I. INTRODUCTION A. BACKGROUND This Policy Plan was prepared by the Airport Land Use Commission (ALUC) under the authority of the Airport Land Use Commission Law, Chapter 4, Article 3.5, California Public Utilities Code to serve as a guideline for the adoption or the revision of all airport compatible land use plans. The purpose of the Airport Land Use Commission 'Law is to: ❑ Protect public health, safety, and welfare through the adoption of land use standards that minimize the public's exposure to safety hazards and excessive levels of noise. 0 Prevent the encroachment of incompatible land uses around public -use airports, thereby preserving the utility of these airports into the future. These purposes are implemented through Airport Land Use Commissions, which are required in every county with a public use airport or with an airport served by a scheduled airline. The Butte County Airport Land Use Commission was created in 1984 in accordance with Public Utilities Code Section 21670. - Under the provisions of the Law, the ALUC has certain responsibilities conferred upon it and specific duties to perform. While ALUCs work closely with cities, counties, and airport operators, they are autonomous agencies. It should be noted that ALUC law does not give the Airport Land Use Commission jurisdiction over the operation of any airport. The ALUC, therefore, has no power over such things as the number of aircraft which can be based at an airport, the number of operations which can occur, the flight patterns which aircraft use, or the hours during which aircraft can use an airport. The Airport Land Use Commission fulfills its responsibilities in four basic ways: ❑ The adoption of a standardized Airport Land Use Commission Policy Plan which serves as a guideline for the revision or creation of a CLUP. 0 The adoption of land use plans for individual airports called "Comprehensive Land Use Plans" (CLUPs) which contain land use compatibility guidelines for height, noise, safety, overflight and surface transportation restrictions and considerations. ❑ The incorporation of the land use compatibility guidelines contained in the CLUP into the general plan and land use regulations by cities and counties with jurisdiction over any geographic area subject to the CLUP. ALUC -1 0 AIRPORT LAND USE COMMISSION POLICY PLAN 0 0 ALUC review and determination of compatibility of all discretionary projects, individual development proposals, general plan amendments, and other land use plans and regulations around airports. The Comprehensive Land Use Plan (CLOP) is the key to implementation of the ALUC Policy Plan. It provides the land use compatibility guidelines on which compatibility of land uses are determined. It also establishes the planning boundaries around the airport referred to as the Airport Area of Influence (AAI). Planning boundaries are established for height, noise, safety, overflight and surface transportationrestrictions and considerations. Following adoption by the ALUC, a Comprehensive Land Use Plan is transmitted to all jurisdictions affected by the plan. State Law (Government Code, Section 65302.3) requires that the local jurisdiction take action within 180 days to assure that its land use regulations are consistent with the provisions of the Comprehensive Land Use Plan (CLUP). The law provides for two methods by which to achieve this consistency: 0 To amend pertinent portions of general plans, .specific plans, zoning ordinances, or other land use regulations as necessary to achieve consistency with the CLUP. Once this is done, the local jurisdiction, through enforcement of its land use controls and regulations, effectively becomes the agency that actually implements the standards contained within a CLUP. 0 In the event a Board of Supervisors or City Council does not agree with specific provisions of a CLUP, it can satisfy the consistency requirement by overruling specific provisions of the ALUC plan by a two-thirds vote. The overruling must, however, be made after a public hearing and must be based on specific findings that the proposed action is consistent with the purposes of the Airport Land Use Commission Law. If the ALUC finds that a city or county has not revised its general plan or specific plan, or overruled the ALUC, the ALUC may require that city or county to submit all subsequent actions, regulations or permits in the affected airport area to the ALUC for consistency determination. If the ALUC finds the proposed action inconsistent, the city or county must hold a public hearing to reconsider its proposal. If, after the public hearing, the city or county still wishes to pursue the action, it may overrule the ALUC on a two-thirds vote, based on specific findings. Following adoption of a CLUP by the ALUC, and its incorporation into local land use regulations, certain types of projects must be referred to the ALUC by local jurisdictions for a review of project consistency with CLUP standards. Such projects include those requiring amendments to general plans or specific plans, amendments to or adoption of new zoning ordinances, and building regulations which affect land within a plan area. Generally, projects referred to ALUC consist of specific development proposals which are seeking a discretionary approval or permit from the local jurisdiction. ALUC - 2 ❑ AIRPORT LAND USE, COMMISSION POLICY PLAN 0 When ALUC receives a project for a consistency review, the appropriate CLOP is consulted and a determination is made. concern i ng which planning boundary, or boundaries, apply. ALUC then determines the land use compatibility standards. which apply to the, project, and whether the project is consistent with these standards, consistent subject to specific conditions, or inconsistent. A formal consistency finding is subsequently transmitted to the referring agency. If a project is .determined to. 'be inconsistent with a CLUP, it cannot Abe. approved by the jurisdiction unless action is taken by the jurisdiction to overrule the ALUC determination. The overrule action is subject to the requirement for making specific findings as outlined in Appendix A. , B. USE OF POLICY PLAN 1.' The Butte County Airport Land Use Commission Policy Plan was initiated and adopted by the Commission as an effective method to serve two primary. purposes: . ❑ To provide the Commission, local agencies and the public with -baseline document that clearly establishes the responsibilities of the ALUC and the land use compatibility guidelines that are recognized by.ALUC; and ❑ To guide the Commission in the development of present and future comprehensive land use plans (CLUP) for each public use and,special use airport in Butte County by providing the minimum standards for land use compatibility based on noise, height,. safety, overflight and surface transportation restrictions and considerations.. In accepted planning terminology, the Policy Plan is essentially the "General Plan" of the ALUC. and the individual CLUP's are similar to 'a "Zoning Ordinance" for each airport. The Commission is required .by law to prepare individual CLUP's and all CLUP's shall be consistent or conditionally consistent with the Policy Plan as determined by the ALUC. ALUC - 3 r b AIRPORT LAND USE COMMISSION POLICY PLAN ❑ II. FINDINGS, POLICIES AND IMPLEMENTATION The concerns of airport land use planning ;fall into five categories: Height Restrictions - protecting the navigable airspace around airports for aircraft safety; M Noise Compatibility - minimizing the number of people exposed to noise from aircraft operations; Safety of Persons on the Ground - minimizing the number of people exposed to hazards related to aircraft operations and accidents. Overflight Considerations - minimizing the exposure of people to perceptual impacts such as annoyance and fear related, to the overflight of aircraft with emphasis on impacts associated with single event noise levels and low flying aircraft. Surface Transportation Considerations - ensuring that access to or from an airport for commercial flight activity, freight movement or emergency services is not unduly impacted or impaired as to reduce the operational character of an airport. Thoughtful planning in these five areas, reflected in land use policies and regulations, will minimize the exposure of the public to noise and safety hazards, will provide safer aircraft operations, and will help protect an airport and the public resources it represents from encroachment by incompatible, land development. The findings, policies, and guidelines contained in this plan have three major functions: ❑ To protect an airport from encroachment by incompatible land uses; ❑ To safeguard the general welfare of the inhabitants within the vicinity of an airport and the public in general by protecting them from the adverse effects of aircraft noise and reducing the number of people exposed to airport related hazards; and ❑ To ensure that no structures affect navigable airspace. This plan defines compatible types and patterns of future land use. It should be clearly understood that this plan provides a basis for determining compatible land uses within all zoning districts and is not a specific development plan. This plan neither sets forth specific land uses for any particular parcel or parcels of land, nor is it retroactive with respect to any existing incompatible land uses as they are currently operating. ALUC - 4 0 AIRPORT LAND USE COMMISSION POLICY PLAN ❑ It should also be understood that this plan governs the relationship between the airports and the land uses that surround them and contains no recommendations concerning operations of the airport. State law provides no authority to the ALUC to review on -airport development and airport operations, however, it is unclear as to the authority of ALUC when on -airport development involves nonaviation related facilities or development that conflicts with existing CLUP's. While this plan provides a guide to compatible land uses around the airport, some development may already exist in the area surrounding the airport that is inconsistent with the compatibility guidelines. This document is primarily directed at preventing new problems of land use incompatibility, not at removing existing incompatible uses. Incompatible development that currently exists is recognized as an existing incompatible land use. It should be noted that although the ALUC recognizes the existence of these incompatible land uses, neither this plan, or the ALUC, finds these uses to be consistent with this plan. Airport planning boundaries define areas where height, noise, safety, overflight and surface transportation restrictions and considerations are reviewed. Height standards for defining obstructions to air navigation are established by the Federal Aviation Administration (FAA) and are defined in Federal Aviation Regulation (FAR) Part 77, Obiects Affecting Navigable Airspace. Noise restrictions are governed by California Administrative Code, Title 21, Subchapter 6. Airport safety zones are based on the Caltrans Aeronautics Program Airport Land Use Planning Handbook and determined by the Airport Land Use Commission. Overflight and surface transportation restrictions and considerations are determined by the Airport Land Use Commission based on specific airport characteristics. All of these boundaries and factors are encompassed in a total area referred to as the "Airport Area of Influence". A. GENERAL POLICIES It is the policy of the ALUC to prepare and adopt a Comprehensive Land Use Plan (CLUP) for each public use airport within its jurisdiction. Each CLUP shall reflect the anticipated twenty year growth of the airport land shall consist of: ❑ A map or maps showing the airport area of influence for the airport, divided into areas of major concern, including height restriction areas, noise restriction areas, safety, overflight and surface transportation restrictions and consideration areas. 0 Compatibility guidelines for the height, noise, safety, overflight and surface transportation restrictions and consideration areas to be used in determining land use compatibility. ALUC - 5 AIRPORT LAND USECOMMISSION POLICY PLAN a Until such time as a Comprehensive Land Use Plan is prepared and adopted for an individual public use airport or heliport within the jurisdiction of the ALUC,-this plan shall constitute the basis for review and action'by'the ALUC 'and its staff in fulfilling its statutory charge. s The California Public Utilities Code gives,the ALUC authority to review any General Plan or specific plan amendment, :or the approval or amendment of a zoning ordinance, building standard, or project-proposal within the.planning boundaries established by the ALUC. The ALUC has authorized the ALUC staff to work closely with affected jurisdictions-and airport management to review proposed plans and land use changes. In the event that an affected city or county does not concur with the provisions of a CLUP, -an amendment; or a finding of incompatibility with a plan or action of the local jurisdiction by the ALUC, it may, after a'public hearing, overrule the ALUC by a two-thirds vote of its governing body. In doing so, it must make specific findings that its action is consistent with the purpose of the law as stated in Public Utilities Code Section 21670 found in Appendix B. AIRPORT LAND USE COMMISSION POLICY PLAN 'O B. AIRPORT HEIGHT RESTRICTION AREA Height -restrictions are necessary to ensure that objects will not impair flight,:Wety or decrease the operational capability of the airport. Federal Aviation Regulation (FAR) Part'77 defines 'a series of imaginary surfaces surrounding airports. Any object or structure which would penetrate any of these imaginary surfaces is considered. by the FAA to be an obstruction to. air navigation. While an obstruction to air navigation may not necessarily be a hazard -to ak navigation, the FAA presumes it to be and treats it as such,until an FAA aeronautical study ,has determined that it does not have a substantial adverse effect upon the safe and efficient use of navigable airspace by aircraft. Figure 1 provides an example of obstruction clearances.. Proponents of projects penetratng'certain imaginary surfaces are required:to notify the FAA of their intent. Upon notification, the FAA initiates an aeronautical study to :analyze whether or not the proposed project would be a hazard to air navigation, makes a determination, and sends copies to all known interested `parties. It should be noted that even if the FAA makes a determination that a :project would constitute a hazard to air navigation, they cannot prohibit its construction. California law goes further, however, and prohibits the construction of any structure that wouldconstitute a hazard to air navigation, as defined in FAR Part 77, unless the State Department of Transportation, Division of Aeronautics issues a permit. The permit is not required if the FAA determines that the proposed project does not constitute a hazard to air navigation. FIGURE 1 OBSTRUCTION CLEARANCES. PROVIDED BY FAR PART 77'IMAGINARY SURFACES . ALUC - 7 LJ AIRPORT LAND USE COMMISSION POLICY PLAN ❑ 1. Findings Height guidelines for determining if an. object is an obstruction to air navigation are set forth in Federal Aviation Regulation Part77, Obiects Affecting Navigable Airspace. Objects that would be of greater height than the imaginary horizontal and sloping surfaces contained in this regulation are deemed to be an obstruction to air navigation. Penetration of these imaginary surfaces by permanent structures would interfere with the operating capability of the airport, would endanger pilots and passengers of aircraft operating at ,the airport, and would pose a, hazard to persons occupying those structure. 2. Policies , The Airport Land Use Commission adopts Federal Aviation Regulations (FAR) Part 77 imaginary surfaces to determine height restrictions for natural and man-made objects as follows.. i 'Primary Surface: A surface longitudinally centered on a runway..When the runway is paved, the primary surface extends 200 feet beyond each end of that runway. When the runway is not paved, and there are no plans to pave it, the primary surface ends at each end of that runway. The width of the primary surface is: 250 feet for utility runways having only visual approaches 500 feet for utility runways having nonprecision instrumentapproaches For other than utility runways the width is: 500 feet. for visual runways having .only visual approaches; 500 feet for nonprecision instrument runways having visibility minimums greater than three-fourths statute mile; and 1,000 feet for a nonprecision instrument runway having a nonprecision instrument approach with visibility minimums as low as three-fourths of a statute mile, and for precision instrument runways. The width of the primary surface of a runway will be that width prescribed in this section for the most precise approach existing or planned for either end of that runway. • r ALUC - 8 { Li AIRPORT LAND USE COMMISSION POLICY PLAN. ;❑ f Horizontal Surface: A horizontal .plane 150 feet above .the -established airport elevation, the perimeter of which;is constructed by scribing an arc {d`specified radii from the center of each, end of the primary surface, of each runway ofeech airport and connecting the arcs with tangents. The radius of each arc is 5,000.feetfor all runways designated as utility or visual, and"! 0,000 feet for all other runways. Conical Surface: A surface extending outward and upwardfrom the;periphery of the horizontal; surface at a slope of 20 to 1 for a horizontal distance of 4,,000 feet. Approach Surface: A surface longitudinally centered on the .exiended runway centerline and extending outward and upward from each end of the primary surface. An approach surface is applied to each end of .each runway based upon the type of approach available or:planned for that runway end. The inner edge of the approach surface is the same width as the primary surface and it expands unft.mly to a width of: 1,250 feet for that end of -a utility runway with only visual approaches 1,500 feet for that fiend of a runway other than a utility runway with only visual approaches; 2,000 feet for that end of a utility runway with a nonprecision. instrument approach; 3,500 feet for that end of a nonprecision instrument runway other than utility, - .having a nonprecision instrument approach with visibility minimums greater than three fourths statute mile; and 4,000 feet for that end of a nonprecision instrument runway, other than utility, having a nonprecision instrument approach with visibility minimums as low as three fourths statute mile;, and 16,000 feet for precision instrument runways. The approach surface extends for a horizontal distance of: 5,000, feet at a slope of 20 to 1 for, all utility and visual runways. 10,000 feet at a slope•of 34 to 1 for all nonprecision instrument runways other than utility; 'and 10,000 feet at a slope of 50 to.,1 with an additional 40,000 feet at a slope of 40 to 1 for all precision instrument runways. i F ALUC - 9 0AIRPORT LAND USE COMMISSION POLICY PLAN 0 Transitional Surface: A surface extending outward and upward from the sides of the primary surface and from the sides of the approach surfaces at a slope of 7 to 1. These surfaces are depicted in Figure 2. Note: Where imaginary surfaces, overlap, such as in the case where the approach to air navigation. Any proposed new construction or expansion of existing .structures that would penetrate any of the imaginary surfaces as adopted by the ALUC, is deemed to be an incompatible land use, unless either the FAA has determined that the proposed structure does not constitute a hazard to air navigation or the State Division of Aeronautics -has issued a permit allowing construction of the proposed structure. Any project thatmay penetrate the height notification limits of Federal .Aviation Regulation (FAR)- Part 77 is deemed to be an -incompatible land use until all notification requirements are fulfilled. Caution: Land use compatibility is determined by comparing proposed land use against height, noise, and safety guidelines. Proposed -land uses must be compatible with each. 3. Implementation ALUC adoption of revised comprehensive land use plans sets in motion a 180 day period within which each city or: county with jurisdiction overs geographic area subject to�this plan must take one of two possible actions: ❑ The first option is ,to amend its general plan and other land use controls and regulations, where necessary, to be consistent with the CLUP. y 0 The second option, if the city or county does not concur with provisions of the CLUP, is .to override any portion of the plan with which it does not agree, with respect to an individual, project. ,. ALUC-10 AIRPORT.LAND USE:COMMISSION POLICY PLAN 0 4 FIGURE 2 EXAMPLE OF PART 77 CIVIL AIRPORT IMAGINARY .SUfFACES Isometric View E I uUNWAY ALUC - 11 ❑ AIRPORT LAND USE COMMISSION POLICY PLAN 0 The override must, however, be by a two-thirds vote of the governing body and must be based on written and adopted findings that the action to override is consistent with Section 21670 of the California Public Utilities Code. Section 21670 of the California Public Utilities Code makes it clear that the purpose of the California Airport Land Use Commission Law is to protect the 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. Upon adoption of revised comprehensive land use plans, existing incompatible land uses may continue; however, no incompatible land use may be changed to another incompatible land use. Upon adoption of revised comprehensive land use plans, no incompatible land use, building, or structure may be expanded, except the following: ❑ Single family detached residences ❑ Schools that would increase in capacity by less than one-third (1/3) If any incompatible land use, building,. or structure is damaged and the damage exceeds 50 percent of the current market value of the use, building, or structure, any subsequent land use must be in conformity with this plan, except the following: ❑ Single family detached residences ❑ Schools It is the responsibility of affected cities and counties to ensure that project proponents fulfill the notification requirements of FAR Part 77 and California Public Code sections 21658 and 21659. Until these requirements are fulfilled, any project that may penetrate the height notification surfaces is deemed to be an incompatible land use. No person is required to notify FAA for any object that would be shielded by existing structures of a permanent and substantial character or by natural terrain or topographic features of equal or greater heights, and would be located in the congested area of city, town, or settlement where it is evident beyond a reasonable doubt that the proposed structure so shielded will not adversely affect safety of air navigation. In order to conduct an aeronautical study of the effect of a proposal upon navigable airspace, and to make a determination whether the proposal constitutes a hazard to air navigation, Federal Aviation Regulations (FAR) Part 77 require each person proposing any kind of construction or alteration to give notice to the Federal Aviation Administration on form 7460-1, ALUC - 12 ❑ AIRPORT LAND USE COMMISSION POLICY PLAN ❑ ' Notice of Proposed Construction or Alteration, if such construction or alteration is: ❑ More than 200 feet in height above the ground level at its site, or o Of -a greater height than an imaginary. surface extending outward and upward at a slope of 100 to 1 fora horizontal distance of 20,000 feet from all edges of the runway surface, if the runway is more than 3,200 feet -in length. California State law, Public Utilities Code sections 21.658 and 21659, prohibits the construction of any structure that would constitute a hazard to air navigation, as defined in FAR Part 77, unless: ❑ The State Department of Transportation, Division`of. Aeronautics, issues a permit; however,, ❑ The permit shall' not be required -if FAA has determined that the . proposed construction does not constitute a hazard to air navigation. Prior to the approval of a., project that may penetrate the adopted height restriction surfaces, the proposal must be submitted to the .ALUC for review and determination of compatibility. Affected cities and counties are responsible for submitting the proposal to the ALUC. Before a proposed project deemed incompatible because it would exceed ALUC adopted standards can be approved, the city or county must take -action to override the ALUC. The action to override, including the -required findings, is governed by the ALUC law, Chapter 4, Article 3.5 of the California Public Utilities Code. It } AIRPORT LAND USE COMMISSION POLICY PLAN 0 C. AIRPORT NOISE RESTRICTION AREA Most complaints concerning airports are related to noises generated by aircraft operations. At low levels, noise in the area around an airport is normally tolerated; however, as exposure to noise increases, it .begins 'to interfere with sleep, conversation, school, business, and recreational activities. The effect of noise interference on normal activities is.most often described in terms of annoyance. Annoyance is a measure of the general adverse reaction people have to noise that causes interference to their normal lives. Currently the best measure ofthis _response to noise is thepercentage of the affected population. that can be characterized as "highly annoyed" by long term. exposure to noise at a specified level.. Community response is a term used to describe annoyance of groups of people exposed to noise sources in.residential settings. The variability in the way individuals react to noise makes it impossible to accurately predict how 'an individual will react to a given noise. When, a community or impacted area is considered as a whole; however, trends emerge that relate noise to annoyance. The studies .of community reaction 'to noise have shown that the community response to aircraft noise is .affected not only by how loud the noise is, but also how often the noise ; occurs. A study in 1970 (Schultz) analyzed the findings of a number of surveys and developed a curve that relates transportation noise exposure .to annoyance in communities. This relationship has become the generally accepted model for assessing the effects of longterm noise exposure on communities. In 1992, another study (U.S. Air Force Finegold) came to similar conclusions. Thus, the "Schultz Curve" remains the best source of empirical noise exposure effect information to predict community response to transportation noise. Annoyance is thus the recommended measure of community impact. It should, be noted that complaints are not an accurate measure of impact. A study in 1985 (Luz, Raspt and Schomer) supports use of annoyance, not complaints. Annoyance can exist without complaints and complaints can occur without annoyance. The current body of information indicates that complaints are an inadequate indicator of the full extent of noise effects on a community or group of people. Figure 3 illustrates common, sound levels and Figure 4 depicts community response to transportation noise. ALUC - 14 .0 AIRPORT LAND USE COMMISSION POLICY PLAN G FIGURES 3 & 4 COMMON -SOUND LEVELS 'COMMON OUTDOOR NOISE LEVEL COMMON INDOOR SOUND LEVELS dS (A) SOUND LEVELS Cdncwda landing at 370 R 110 Rock sand 707 larking at 370 Ft 707 Takaoll at 1000 Ft 100 Inside Subwoy Train (Now Vats) Lawn m wr at 3 Ft 90 Food Blender at 3 Ft pests Truck at 50 Ft Noisy Urban Daytime 80 Garbage Disposal at 3 Ft Shouting at 3 Ft 747 Taksolf at 1000 Ft 70 Vacuum Cleaner at 10 Ft Normal Speech ata Ft Commercial Area 80 Large Business Office Guist Urban Daytime ` so Dishwasher not room Quiet Urban Nighttime 40 Small Theater, Large Conference Room (Background) ------ —., Nphltime Library 30 Bedroom at night Quist Rural Nighttime Concert Hall (Background) 20 Broadcast b Recording Studio 10 ' Threshold of hearing 0 l COMMUNITY RESPONSE TO NOISE 100 80 USAF Study (Solid Line) SCMULTZ Study (Dasned Unci i 80 PEOPLE HIGHLY ANNOYED 40 e, 20 - Oav • NrQnt Average +0 45 SO 55 60 65 70 75 80 Sound Levet rn 68 r , Sow(ce- F}Cerai Apencs Mew -ow or Sei*ved Auoort Norse Anarvsrs Issues =agronai interagency Commrnea on Noose, August 1"2 ALUC - 15 r 0. AIRPORT LAND USE COMMISSION POLICY PLAN 0 1. Findin s There is adequate data to indicate that noise can be annoying to people, particularly those exposed to higher sound levels, and that annoyance to noise can be predicted by the Schultz Curve. f Based on studies of noise; the State of California has established noise standards in the California Code of Regulations, Title 21, Subchapter 6. These standards designate the Community Noise Equivalency Level, (CNEL)-as the noise -rating method to be used at airports in California. The criteria established by the code for airports with four engine turbojet or turbofan aircraft and 25,000 annual operations is 65 dB CNEL. For land uses within the noise contour of the state mandated criteria, 65 dB CNEL, the State has deemed the following land uses to be incompatible: 0 Single-family dwellings ❑ Multi -family dwellings 0 - Trailer parks Schools of standard construction However, the ALUC has determined that residential and public educational uses shall not be located in area's that the exceed the 55 dB CNEL contour. Private educational uses are incompatible in areas exceeding the 55 dB CNEL contour unless construction methods are incorporated that reduce interior noise levels to this standard. ; f The State has established noise reduction requirements for new hotels, motels, apartment houses, and. other dwelling units, .except single family dwellings, in the California Administrative Code, Title 25, Section 28. The code establishes a standard that limits noise to 45 dB CNEL, with windows closed, in any habitable room in affected dwellings. For residential dwellings, other than single family detached, in areas having an airport caused CNEL greater -than 60 dB„the code requires an acoustical study showing that the structure has been designed to meet the interior standard of 45 dB CNEL. Based on studies of building materials and construction types, the following noise_ reduction estimates for common building construction have been calculated: ALUC -16 r y O. AIRPORT LAND USE COMMISSION POLICY PLAN 0 } Noise Reduction from Common Building Construction* Range of Noise _Construction Twe Reduction (dB)** Wood frame, stucco or wood 15-20 sheathing exterior. Interior drywall or plaster. Sliding `glass windows, with windows partially open. Same as above, but with 25-30 windows closed. Same as 1 above, but with 30-35 fixed 1/4 inch plate glass windows. Steel or concrete frame, 3040 curtain wall, or masonry exterior wall. fixed 1/4 inch plate glass windows. Range depends on the amount windows are open, degree of window seal, and glass area of windows. ** dB is used to express the relative loudness of sound according to the frequency range to which the human ear is .most sensitive., Source: Noise Insulation Problems in Buildings, Paul S. Veneklasen, and Associates, 1973. Practical noise control techniques are available to improve the noise reduction of common. . building construction by an additional' 10 to 20 dB. The techniques include: 0 Heavy weatherstipping of exterior doors. . ❑ Fixed, sealed, double pane windows with forced ventilation or air conditioning. ❑ Elimination of baffling or openings through exterior walls, including wall air conditioning units, mail slots, and attic and crawl space vents. :Adding materials to ceiling surfaces where no attics exist. ` AIRPORT LAND USE COMMISSION: POLICY PLAN. D 2. Policies .Based on noise studies and analysis that show'that transportation noise. can be annoying, and that increases in transportation noise cause increased numbers of -people to be annoyed, the number of people exposed to noise from the airport should be :reduced to the lowest level- possible. As development is proposed in the area between the.55 and 65 Db CNEL noise contours, affected cities and counties should evaluate the impact of aircraft noise on proposed development and if impacts are identified, require noise reduction measures, aviation noise easements and buyer renter notification. The Land Use Compatibility Guidelines for Noise .are adopted for the determination of compatible land uses in the Airport'Area of Influence. Caution: Land use compatibility is determined by comparing proposed land use .against height, noise, safety, overflight and surface transportation restrictions and considerations guidelines. 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ON. ON. ON ON salilsJanlun g sa6alloO ON ON ON ON ON ON sloo4os tiepuodas g tieluaw013 ON eS9A 9SSA SaA saA SOA SaDIAMS lelooS luawwanOO ON. eW), MA SaA saA SOA SaollO luawwanoO ON cSOA SeA SSA S&A MUM isOd S OIAH3S oiiand*lsvnb aNd ones 13NO 13NO 13NO13NO 13NO 13NO 98-08 08`19L 9L -OL OL -99 99*09 09•SS (8pO0,uOljeaylssel3 lelilsnpul piepueiS) pue Hilm Amilef1bdW0o Aa0931VO 3Sf10NV1 3SION ?!Od S3NI13aino A1111811VdW00 3Sf1 aNVI NVId A31'10d.NOISSIWW00 3sn, aNVI IVOdHIV D Nd'ld A0110d NOISSIWWOO Jsn aNbl INOdUIV AIRPORT LAND USE COMMISSION. POLICY PLAN 0 AIRPORT LAND USE COMMISSION POLICY PLAN LAND USE COMPATIBILITY. GUIDELINES FOR NOISE LAND -USE CATEGORY COMPATIBILITY WITH and (Standard Industrial Classification Code) 55-60 60.65 65.70 70-75 76-80 8085 CNEL CNEL CNEL CNEL CNEL CNEL AGRICULTURE ANDWINING Row 8 field crops Yes Yes Yes Yes' Yes' Yes' Tree crops Yes Yes Yes Yes' Yes' Yes' Intensive livestock Yes Yes Yes Yes' No No Nursery products Yes Yes Yes Yes' Yes' Yes' Poultry Yes Yes Yes Yes' No No Pasture & grazing Yes Yes Yes Yes' Yes' Yes' Agricultural services Yes Yes Yes Yes' Yes' Yes' Mining 8 quarryingYes Yes Yes Yes'' Yes' Yes' Oil & gas extraction Yes Yes Yes Yes' Yes' Yes' FOOTNOTES: ' Caretaker residences are a compatible use within all CNEL ranges; provided that they are ancillary to the primary use of a property, intended for the purpose of property protection or maintenance, and subject to the condition that all residential units be designed to limit intruding noise such that interior noise levels do not exceed;45 CNEL, with windows closed, in any habitable room. ' Second residential units are a compatible use subject to the same criteria established for the primary use and subject to the condition that the proposed second unit be consistent with the provisions of Sections 65852.1 and 65852.2 of the California Government Code. ' ' Measures to achieve an interior noise level of 50 CNEL must be incorporated into the design and construction of portions of buildings where the public is received, office areas, and other areas where people work or congregate. ' Measures to achieve an interior noise level of 45 CNEL must be incorporated. into the design and construction of all noise sensitive areas including, but not limited to, rooms designed for the purpose of sleep, libraries, churches, and areas intended for indoor entertainment events. Only indoor uses permitted. ALUC - 22 0 AIRPORT LAND USE COMMISSION POLICY PLAN 0 3. Implementation ALUC adoption of revised comprehensive land use plans sets in motion a 180 day period, within which each city or county with jurisdiction over a .geographic area subject to this, plan must take one of two following possible,actions: 0 The first option is to amend its General .Plan and other land use controls and regulations, where necessary, to be consistent with the CLUP. 0 The second option, if the city or county does not concur with provisions of this plan, is to overrule any portion of the plan with which it does not agree. The overruling must, however, be by a two-thirds vote of the governing body and must be based on written and adopted findings that the action to overrule is consistent with Section 21670 of the California Public Utilities Code. Section 21670 of the California Public Utilities code makes it.clear that the purpose of the California Airport Land Use Commission Law is to protect the 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. Upon adoption of revised comprehensive land use plans, existing incompatible land uses may continue; however, no incompatible land use may be changed to another incompatible land use: Upon adoption of revised comprehensive land use plans, no incompatible land use, building, or structure may be expanded, except the following: 0 Single family detached residences 0 Schools that would increase in capacity by less than one-third (1/3) If any incompatible land use, building, or structure is damaged and the damage exceeds 50 percent of the current market value of the use, building, or structure, any subsequent land use must be conformity with this plan, except the following: 0 Single family detached residences r 0 Schools ALUC 23 AIRPORT LAND USE COMMISSION, POLICY PLAN ❑ Prior to the amendment of the generalplan or specific -plan, or the adoption or approval of a zoning ordinance or building regulation that would affect land that lies within the airport area of influence, the proposal must submitted to the ALUC for review and determination of compatibility. Affected cities and counties are responsible for.submitting the proposal to the ALUC. Before a proposed project deemed incompatible because it would exceed ALUC adopted noise guidelines can be approved, the city or county must take action to override the ALUC. The action to override, including the required findings, is governed by the Airport Land Use Commission Law, Chapter 4, Article 3.5 of the California Public Utilities Code. ` Cities and counties are responsible for ensuring that an acoustical study is completed for residential projects, other than single family detached, having an airport caused noise impact greater than 60 dB CNEL that shows the structures are designed to' -meet the interior noise level standard of 45"dB CNEL. AIRPORT LAND USE COMMISSION POLICY PLAN ❑ D. AIRPORT SAFETY RESTRICTION AREA Areas around airports are exposed to the possibility of aircraft accidents even with well maintained aircraft and highly trained pilots. Despite stringent maintenance requirements and countless hours of training, history makes it clear that accidents are going to occur. Airport safety areas are established to minimize the number of people exposed to aircraft crash hazards. This is accomplished by placing restrictions on land uses in various safety areas. This plan designates three safety areas: the clear zone, the approach departure zone, and the overflight zone. The clear zone is near the end of the runway and is the most restrictive. The approach departure zone is located under the takeoff and landing slopes and is less restrictive. The overflight zone is the area under the traffic pattern and is even less restrictive. The dimensions of the safety areas were determined by evaluating FAA safety zone dimensions, by analyzing historical aircraft accident data and by evaluating safety zone dimensions that encompass significant hazard areas. The risk of people on the ground being. killed or injured by a falling plane is small; however, an aircraft crash is a high consequence event and when a crash does occur, the result is often catastrophic. Because of this, most attempts at setting safety standards on the ground have not attempted to estimate accident probabilities. They have, instead, approached safety standards by determining compatible land uses assuming a crash would occur. This plan is based on that approach. Within the identified safety areas there is the potential to have uses that may be appropriate land uses, but present safety concerns with respect to the concentration of persons associated with the use. Within the Land Use Compatibility Guidelines for Safety there are many uses identified as acceptable within the three safety areas if they do not result in large concentrations of people as indicated in footnote #2 of the Land Use Compatibility Guidelines. The ALUC has determined that large concentrations of people is defined by more than 25 persons per acre at any one time. The ALUC has also determined that mitigating circumstances may exist or .design standards could be incorporated that would allow the ALUC to accept a larger concentration following a public hearing on the proposed use. If substantial mitigations can be implemented and demonstrated to address the safety concerns of the ALUC, the Commission can find the use to be acceptable with the appropriate findings being made. Such mitigations may include the use of reinforced building materials, the inclusion of additional emergency access exits in the building design, the use of the buildings during periods of reduced airport use, or any other means proven to mitigate the safety concerns for persons on the ground. ALUC - 25 AIRPORT LAND USE COMMISSION POLICY:PLAN ❑ The National Transportation Safety Board (NTSB) maintains extensive data on aviation accidents and their causes. ' Although the NTSB collects data on all accidents, it is primarily the characteristics of accidents near airports, usually within one mile of the airport that are of greatest concern in land use planning. This NTSB data can be found in the Caltrans Airport Land Use Commission Handbook in Chapter 8, Aircraft Accident Characteristics. Accident data indicates that for general aviation aircraft, landing is the general phase of operation with the most accidents. In a 1974-89 study, 57% of all major accidents were related to landing, while only 24% were. related to takeoff. For those. accidents near a major airport, defined as off airport property but within one mile, the accidents were almost evenly divided between accidents irelated to takeoff and those related..to landing. Of near airport accidents, initial climb is the most dangerous specific phase of operations. A compilation of the NTSB accident proximity data for the years 1974 through 1981 reveals that 66% of aircraft accidents take place within 2 miles of the airport. ALUC -'26 AIRPORT LAND USE COMMISSION. POLICY PLAN 0 FIGURE 5 MAJOR GENERAL AVIATION ACCIDENTS ON OR NEAR AIRPORT .BY TYPE.OF OPERATION (1974-89) - PHASE OF OPERATION % OF ACCIDENTS TAKEOFF Standing 0.9 Taxi 3:2 Run Initial Climb 13.1 Other 2.2 Takeoff Total 24.0 1N FLIGHT . Climb 2.5 Cruise 14.4 Descent 4.0 Maneuver 13.9 In flight total 34.8 LANDING ' Pattern 2.9 r. VFR Final 6.0 IFR Initial/Final 1.0 Touchdown 13.5 Roll 12.2 Go -Around 2.5 Other 1.8 Landing Total; 40.0 Other/Unknowns, 1.2 All Accidents, 100.0 . ALUC - 27 0 AIRPORT LAND USE COMMISSION POLICY PLAN ❑ 1. Findings For all accidents, both on and off an airport; landing is the most dangerous phase of operation of general aviation aircraft. For accidents off the airport but within one mile of the airport, landing and takeoff accidents are evenly divided. Initial climbout after takeoff, final approach when landing, and traffic pattern circling and go arounds.by general aviation aircraft all have high rates' of accidents in the area off the airport but within one mile. The hazard to people and buildings in the overflight.zone is less than in areas near the ends of the runways. There is, however, a significant potential for accidents in this area under airport traffic patterns. Designation of safety zones around the airport and restriction of incompatible land'uses can reduce the public's exposure to safety hazards from aircraft operation. Certain types of land uses have. been recognized as hazards to air navigation. They are: 0 Land uses that attract large concentrations of birds within approach climbout areas. ❑ Land uses that produce visible emissions. 11 Land uses with flashing lights. 0 Land uses that reflect light. ❑ Land uses that generate electronic interference. ❑ Land uses related to flammable materials. 2. Policies The ALUC designates airport safety zones identified as: Clear Zone, Approach/Departure Zone, and Overflight Zone.. Until such time as a CLUP is prepared for an airport, these safety areas shall be based on the imaginary surfaces and clear zones defined by Federal Aviation Administration (FAA) regulations as.follows: -ALUC - 28 0 AIRPORT LAND USE COMMISSION POLICY PLAN 0 Clear Zone. This is the most restrictive safety area. Its dimensions coincide with the runway clear zone as defined by FAA in FAR Part 152. Generally, the runway clear zone is an area at ground level underlying a portion of the approach surface beginning 200 feet beyond the physical end of each paved runway and extending with the width of the approach surface to a point directly below where the approach surface reaches a height of 50 feet above the runway elevation. Approach/Departure Zone. This is the area beneath the horizontal projection of the approach surface defined by FAR Part 77. As in the case of the clear zone, the actual dimensions are based on the type of approach (visual, nonprecision, or precision) planned for the runway end. The approach zone begins where the clear zone ends and extends outward at ground level to the point under which the approach surface defined by FAR Part 77 intersects the horizontal surface, 150 feet above the runway elevation. Overflight Zone. This is the area beneath the horizontal surface as defined in FAR Part 77. This is the least restrictive of the three safety areas and generally coincides with that overflown by local traffic patterns. It is constructed by swinging arcs of specified radii from the center of each end of the primary surface of each runway and connecting the adjacent arcs by lines tangent to those arcs. The radius of each arc is 5,000 feet for all runways designated as utility or visual, or 10,000 feet for all other runways. The following land uses are incompatible in the Clear Zone and the Approach/Departure Zone: 0 Any use that would direct a steady or flashing light of white, red, green, or amber color toward an aircraft engaged in an initial straight climb following takeoff or toward an aircraft engaged in a straight final approach toward a landing, other than an FAA approved navigational signal light or visual approach slope indicator. ❑ Any use that would -cause sunlight to be reflected toward an aircraft engaged in an initial straight climb following take -off or toward an aircraft engaged in a straight final approach toward a- landing. ❑ Any use that would generate visible emissions, attract large concentrations of birds, or otherwise affect safe air navigation. ❑ Any use that would generate electrical interference that could be detrimental to the operation of aircraft or airport instrumentation. ALUC - 29 t } o AIRPORT LAND USE COMMISSION POLICY PLAN o 11 Any hazardous installations such as: above ground oil, gas or chemical storage 'facilities, but excludingfacilities for noncommercial, private domestic, or private agricultural use. The Land Use Compatibility Guidelines for Safety are adopted for the determination of compatible land uses in the Airport- Area of Influence. a. Caution: -Land use compatibility is determined by comparing proposed land use against height, noise, safety, overflight and'surface transportation restrictions and considerations guidelines. Proposed land uses must be compatible with each. , ' J AIRPORT LAND USE COMMISSION .POLICY PLAN ❑ AIRPORT LAND USE POLICY `PLAN LAND USE COMPATIBILITY GUIDELINES FOR.SAFETY" LAND USE CATEGORY COMPATIBILITY WITH and (Standard Industrial Classification'Code) CLEAR ZONE APPROACH TOVERFLIGHT ZONE ZONE RESIDENTIAL Single-family detached No Yes' YeS: Two-family dwelling No No Yes' Multi -family dwelling (3* families) No No . Yes' Group quarters & rooming houses ' No No Yes' Mobile home parks or courts No No Yes' MANUFACTURING Food & kindred products i No Yes' Yes . Textiles & apparel No Yes' Yes Transportation equipment No Yes' Yes' Lumber & wood products No Yes' Yes Furniture & fixtures No Yes' Yes Paper & allied products No Yes' Yes Printing & publishing No Yes' Yes Chemicals & allied products No No No" Petroleum refining & related industries No No No" Rubber & plastics No No No" Stone, clay, glass & concrete products No Yes' Yes Primary & fabricated metals No. Yes' Yes Electrical, electronics, & computers No Yes' Yes Leather products No Yes' Yes Industrial, commercial & computer equipment No Yes' Yes Photo, optical & medical equipment No Yes' Yes TRANSPORTATION. COMMUNICATIONS & UTILITIES Streets, roads, & highways No", Yes Yes Heavy rail lines: freight & passenger No �. Yes Yes Light rail lines: passenger 'No Yes Yes Trucking & rail freight terminals No Yes' Yes Warehousing & storage' No Yes' - Yes Passenger. terminals & stations No No Yes Water transportation: freight & passenger No Yes Yes Parking lots No Yes' Yes Transportation services No ' Yes 3.6 Yes Travel agencies No No Yes Radio, TV & telephone No No Yes Courier service No Yes' Yes Electrical & natural gas generation & switching No No Yes Natural gas & petroleum pipelines & storage) , No No Yes Water treatment plants No No Yes' Sewer treatment plants No No Yes' Sanitary landfills 'No No Yes' Recycling & transfer facilities' No Yes" Yes' Hazardous material facilities No No Yes' . a ALUC - 31 I I ❑ AIRPORT LAND USE COMMISSION POLICY PLAN ❑ AIRPORT LAND USE POLICY PLAN LAND USE COMPATIBILITY_ GUIDELINES FOR SAFETY" LAND USE CATEGORY COMPATIBILITY WITH and (Standard Industrial Classification Code) CLEAR ZONE APPROACH OVERFLIGHT ZONE. ZONE 'WHOLESALE TRADE Paints, varnishes & supplies No No Yes Chemicals & allied products No No Yes Petroleum truck terminals No No Yes RETAIL TRADE Department & variety stores No No Yes Lumber, building materials & nurseries No Yes' Yes Grocery stores & drug stores No No Yes Paint, glass, wallpaper & hardware No No Yes Auto, truck, boat & RV dealers . No Yes' Yes Mobile home dealers No Yes' • Yes Auto & truck service stations No No Yes Fuel dealers No • No Yes Apparel & shoes No No Yes Home furnishings No No Yes Eating & drinking _ No No Yes BUSINESS & PERSONAL SERVICES Auto, truck, boat, RV & miscellaneous repair No Yes' Yes Mobile home repair No Yes' Yes Commercial laundries & cleaning No Yes' Yes Coin-operated laundries No Yes' Yes Photographers, beauty & barber, shoe repair No Yes' Yes Funeral services , INo No Yes Business services No Yes' Yes Computer programming & data processing No Yes' Yes Legal & engineering No Yes' Yes Banks, credit unions & financial No Yes' Yes Hotels, motels, inns, bed & breakfast No No Yes Business parks & industrial clusters No Yes'•° Yes Office buildings (offices for rent or lease) No Yes' Yes Business & vocational schools No No Yes Construction businesses No Yes' Yes SHOPPING DISTRICTS Neighborhood shopping centers No No Yes Community shopping centers No No Yes Regional shopping centers No No No AIRPORT LAND USE COMMISSION POLICY PLAN ❑ AIRPORT LAND USE POLICY PLAN LAND USE COMPATIBILITY GUIDELINES FOR SAFETY" LAND USE CATEGORY COMPATIBILITY MTH and (Standard Industrial Classification Code) CLEAR ZONE APPROACH OVERFLIGHT ZONE ZONE PUBLIC AND QUASI -PUBLIC SERVICES Post offices No . No Yes Government offices No No Yes . Government social services No No Yes Elementary & secondary schools No No No" Colleges 8 universities No No No" Hospitals No No No Medical & dental laboratories No Yes' Yes Doctor & dentist offices No No Yes Museums & art galleries r No No Yes Libraries No No Yes Churches No No Yes Cemeteries No Yes'•10 Yes Jails & detention centers No - No No" Child care programs (12 or more children) No No No" Nursing care facilities No No No" RECREATION Neighborhood parks No No Yes Community -wide 8 regional parks No No Yes Riding stables No Yes' Yes Golf courses No Yes'•''t1•1' Yes Open space & natural areas Yes''' Yes'•'•"''= Yes' Natural water areas Yes''' Yes''''" Yes' Recreation & amusement centers No No Yes' Physical fitness & gyms No No Yes Camps, campgrounds & RV parks No No Yes Dance halls, studios & schools No No Yes Theaters - live performance No No Yes Motion picture theater - single or double No No Yes Motion picture theater complex - 3 or more No No No Professional sports No No No Stadiums and arenas No No No Auditoriums, concert halls, amphitheaters No No 'No Fairgrounds and expositions No No No Racetracks No No No Theme parks No No No I s ALUC - 33 AIRPORT LAND USE COMMISSION POLICY PLAN 0 AIRPORT LAND USE POLICY PLAN LAND USE COMPATIBILITY GUIDELINES FOR SAFETY" LAND USE CATEGORY COMPATIBILITY WITH and (Standard industrial Classification Code) CLEAR ZONE APPROACH OVERFLIGHT ZONE ZONE AGRICULTURE AND MINING Row & field crops Yes'•' Yes'.' Yes' Tree crops No Yes'' Yes' -Intensive livestock No Yes" Yes' Nursery products No Yes'•' Yes' Poultry No Yes'' Yes' Pasture & grazing Yes'•' Yes'-' Yes' Agricultural services No Yes' Yes Mining & quarrying No Yes" Yes' Oil & gas extraction No No Yes FOOTNOTES: 1. Single family residential land divisions in the Approach Zone are compatible land uses only if the density is five acres or more per single family residence. 2. All ministerial and discretionary residential uses shall be reviewed by ALUC and findings must be made that no adverse impacts will be created pursuant to Section II of the Policy Plan. 3. Uses compatible only if they do not result in a large concentration of people. A large concentration of people is defined as a gathering of individuals that would result in more than 25 persons per acre at any one time. 4. No building, structures, above -ground. transmission lines, or storage of flammable or explosive material above ground, and no uses resulting in a gathering of more than 10 persons per acre at any time. 5. No bulk petroleum products or chemical storage. 6. Tour operator passenger facilities not allowed. 7. Uses compatible only if they do not result in a possibility that a water area may cause ground fog or result in a bird hazard. 8. Household Hazardous waste facilities operated*as part of an integrated waste management program and resulting in only temporary storage of materials is allowed. 9. Uses in buildings must be compatible as determined by ALUC. 10. No chapels or funeral homes. 11. No club houses, bars, restaurants or banquet facilities. Ancillary uses such as•pro shops, snack bars, and specialty food and beverage services are allowed. 12.. No high intensity uses or facilities, such as structured, playgrounds, ballfields, or picnic pavilions. 13. Use not permitted unless the Airport Land Use Commission can make findings that no adverse impacts will be created pursuant to. Section li of the Policy Plan. 14. Avigation Easements shall be signed by.property owners for all uses located within the planning boundaries of each public or special use airport. 0 AIRPORT LAND USE COMMISSION POLICY PLAN 0 3. Implementation ALUC adoption of revised comprehensive land use plans sets in motion a 180 day period, Within which each city -or county with jurisdiction over a geographic area subject to this plan must take one of the two following actions: 0 The first option is ,to amend its General Plan and other land use controls and regulations, where necessary, to be consistent with this plan.' ; 0 The second option, if the city or county does not concur with -provisions of this plan, `is to overrule any portion. of the plan with which it does not agree. The overruling must, however, be by a two=thirds vote of the governing body and must be. based on written and adopted findings that the action to overrule is consistent with Section 21670 of the California Public Utilities Code. Section 21670 of, the California Public Utilities Code makes it clear that the purpose of the California Airport Land Use Commission Law is to protect the 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. Upon adoption of revised comprehensive land use plans, existing incompatible land uses may continue; however, no incompatible land -use may be changed to another incompatible land use. Upon adoption of revised comprehensive land use plans, no incompatible land use, building, or structure may expanded, except: ? 0 Single family detached residences ❑ Schools -that would increase in capacity by less than one-third (1/3). If any incompatible land use, building, or structure is damaged and the damage exceeds 50 percent of the current market value of the use, building, or structure, any subsequent ' land use must be in conformity with this plan, except the following: o Single family detached residences. 0 Schools ALUC - 35 I K AIRPORT LAND USE COMMISSION POLICY PLAN 0 Prior to the amendment of the general plan or specific plan, or the adoption or approval of a zoning ordinance or building regulation that would affect land that lies within the airport area of influence, the proposal must be submitted to the ALUC for review and determination of compatibility. Affected cities and counties are responsible for submitting the proposal to the ALUC. Before a proposed project deemed incompatible because it would.exceed ALUC adopted land use guidelines can be approved,:the city'or county must take.action to override the ALUC. The action to override, including the required findings, is governed by the Airport Land Use Commission Law, Chapter 4, Article 3.5, of the California Public Utilities Code. ' 0 AIRPORT LAND USE COMMISSION POLICY PLAN 0 E. AIRPORT OVERFLIGHT CONSIDERATIONS The ALUC recognizes .that airport related impacts are .not only restricted to the actual, safety hazards of aircraft accidents, but include the perceptual impacts such as annoyance and fear, related to the overflight of aircraft. The emphasis of this category of consideration is on the affects of single event noise levels,- low flying aircraft and ,unusual or special circumstances that are not reflected in the day to day patterns} associated with the operation of an airport. 1. Findings Development within the Overflight Zone can be adversely affected by the perceptual, non - quantifiable impacts of: 0 Single event noise levels. 0 Low flying aircraft: ' 0 Unusual or special>circumstances not -reflected in the daily operational patterns associated with an airport. 2. Policies The ALUC will review all development within the Overflight Zone with consideration given to the perceptual impacts of noise, low flying aircraft and unusual or special circumstances not reflected in the daily operational patterns associated with an airport. Residential land uses and other highly annoyance sensitive land uses are not appropriate in areas where single event noise levels in excess of 55 dB and low flying aircraft have been identified. 3. Implementation ALUC adoption of revised comprehensive land use plans.sets in, motion a 180 day period, within which each city or county with jurisdiction over a geographic area subject to this plan must take one of the two following actions: 0 The first option is to amend its General Plan and other land use controls and regulations, where necessary, to be consistent with this plan. ❑, AIRPORT LAND USE COMMISSION POLICY PLAN ❑ ❑ The second option, if the city or county does not,concur with provisions of this plan, is to overrule any portion of the plan with which it does not agree. The overruling must, however, be by a two-thirds vote of the governing body and must be based on written and adopts. &findings that the action to overrule is consistent with Section 21670 of the California Public Utilities Code. Section 21670 of the California Public Utilities Code makes it clear that the purpose of the California Airport Land Use Commission.Law is to protect the 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. Upon adoption of revised comprehensive land use plans, existing incompatible land uses may continue; however, no incompatible land use may be changed to another incompatible land use. Upon adoption of revised- comprehensive land use plans, no incompatible land use, building, or structure may be expanded, except: ❑ Single family detached residences. ❑ Schools that would increase incapacity by less than one-third (1/3). If any incompatible land use, building, or structure is. damaged and the damage exceeds 50 percent of the current market value of the use, building, or structure, any subsequent land use must be in conformity with this plan, except the following: ❑ Single family detached residences. ❑ Schools Prior to -the amendment of the general plan or specific plan, or the adoption or approval of a zoning ordinance or building regulation that would affect land that lies within the airport area of influence, the proposal must be submitted to the ALUC for review and determination of compatibility. Affected cities and counties are responsible for submitting the proposal to the ALUC. Before a proposed project deemed incompatible because it would exceed ALUC adopted land use guidelines can be approved, the city or county must take action to override the ALUC. ALUC - 38 • r I I , 1 i ❑ AIRPORT LAND USE COMMISSION POLICY PLAN ❑ ' The action to override, including the, requited findings, is governed by the Airport Land Use Commission Law, Chapter 4, Article 3.5, of the California Public Utilities Code. r ❑ AIRPORT LAND USE'COMMISSION POLICY PLAN .❑ F. AIRPORT ACCESS AND SURFACE TRANSPORTATION CONSIDERATIONS The ALUC recognizes that airport related impacts are not only restricted to the actual safety hazards of aircraft accidents and noise compatibility issues,"but include surface transportation . considerations so as to ensure that access to or.from an airport for commercial flight activity, freight movement or emergency access is not unduly impacted or impaired as to reduce the. operational character and capacity of an airport. 1. Findings Development within the airport area of influence can adversely affect the effective operation of an airport by creating traffic congestion and other'surface transportation restrictions that will reduce the level of access to and from an airport for: 0 Commercial flight activity. 0 Passenger flight activity. 1 ❑ Freight movement. ❑ Emergency services including fire protection, law enforcement and medical needs. ' Large. development projects that occuroutside of the Airport Area of Influence can have the potential to affect airport operations with respect to surface transportation impacts as identified in 1(a)(1-4) above. ! 2. Policies The ALUC will review all development within the airport Area of Influence with consideration given to the continued viable surface transportation access to the airport. Land uses that create congestion and other significant surface transportation restrictions in an airport Area of Influence are not compatible with the effective, unimpaired operation of an airport. The ALUC requires that all roadways and intersections providing access to an airport not exceed a Level of Service "C° (LOS C) at any time. The ALUC encourages all local agencies,to solicit comments from the Commission for all projects that have the potential to create substantial traffic impacts. ALUC - 40 0 AIRPORT LAND USE :COMMISSION POLICY PLAN ❑ 3. Implementation ALUC adoption of revised comprehensive land use plans sets in motion a 180 day period, within which each city or county with jurisdiction over a geographic area subject to this plan must take one of the two.following actions: 0 The first option is to amend "its General Plan and other land use controls and regulations, where nece ssary, I to be consistent with this plan. ❑ The second option, if the city or county does not concur with provisions of this plan, is .to overrule any portion of the plan with which it does not agree. The overruling must, however; be by a two-thirds vote of the governing body and must be based on written and adopted findings that the action to overrule is consistent with Section 21670 of the California Public Utilities Code. Section 21670 of, the California Public Utilities. Code makes it clear that the purpose of the California Airport Land Use Commission Law is to protect the 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. Upon adoption of revised comprehensive land use plans, existing incompatible land uses may continue; however, no incompatible land use may be changed to another incompatible land use. ; Upon adoption of revised comprehensive land use plans, no incompatible land use, building, or structure may be expanded, except: ' 0 . Single family detached residences. ❑ Schools that would increase in capacity by less than one-third (1/3). If any incompatible land use, building, *or structure is damaged and the damage exceeds 50 percent of the current market value of the use, building, or structure, any subsequent land ,use must be in conformity with this plan, except the following: 0 Single family detached residences. ❑ Schools ` r ALUC - 41 s S ❑ AIRPORT LAND USE COMMISSION POLICY PLAN ❑ Prior to the amendment of the general plan or specific plan, or the adoption or approval of a zoning ordinance or building regulation that would affect land that lies within the airport area of influence, the proposal must be submitted to the-ALUC for review and determination of compatibility. Affected cities and counties are responsible for submitting the proposal to the ALUC. Before a proposed project -deemed incompatible because it would exceed ALUC adopted land use guidelines can be approved, the city or county must take action to override the ALUC. The action to override, including the required findings, is governed by the Airport Land Use Commission Law, Chapter 4, Article 3.5, of the California Public Utilities Code. ALUC - 42 ❑ AIRPORT LAND USE COMMISSION POLICY PLAN 0 APPENDIX A SPECIFIC FINDINGS FOR OVERRIDE PROCEDURES Various sections of the airport land use commission statutes provide for local agencies to override ALUC decisions on land use matters and airport master plans. As stated in the ALUC statutes Section 21675.1(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." The override process involves three mandatory steps: ❑ The holding of a public hearing; and ❑ The making of specific findings; and ❑ Approval of the proposed action by a two-thirds vote of a quorum of the agency's governing body. The most critical aspect of these three steps and the one most often ignored is the requirement for specific findings. These findings are discussed in six separate sections of the ALUC statutes. A city or county cannot simply override an ALUC decision without first documenting the basis for the override action and relating the basis directly to the purpose for which the ALUC statutes were adopted. An override CANNOT legally be approved on the basis of economic, social or political considerations. The preparation of findings of fact have been scrutinized by both the legislature and the courts and with respect to overriding findings of ALUC decisions, two court cases have addressed this issue, Topanga Association for a Scenic Community v. County of Los Angeles ([1974] 11 Cal. 3d 506) and California Aviation Council v. City of Ceres (1992). In the Topanga case the court outlined five purposes for making findings. Findings should: ❑ Provide a framework for making principled decisions, enhancing the integrity of the administrative process; and 0 Help make analysis orderly and reduce the likelihood that the agency will randomly leap from evidence to the conclusions; and ❑ Enable the parties to determine whether and on what basis they may seek judicial review and remedy; and 0 Apprise a reviewing court of the basis for the agency's action; and 0 Serve a. public relations function by helping to persuade the parties that administrative decision making is careful, reasoned, and equitable. ALUC - 43 0 AIRPORT LAND USE COMMISSION 'POLICY PLAN n In the Ceres case the court found that the Ceres city council had merely referred to the ALUC statutes and then concluded that the proposed land uses minimized public exposure to excessive noise and safety hazards, in the airport area. The findings did not document the critical links between the proposal, the finding; and the facts. Supporting this court decision, the Governors Office of Planning and Research (OPR) guidelines states that "Generally, findings are not sufficient if they merely recite the vary language of the local ordinance or state statute that requires them" in other words, "findings must bridge the analytical gap between raw data and ultimate decision." The Butte County ALUC will actively pursue the requirement for adequate findings of fact and will condition all projects to include the prompt notification of ALUC of any planned override of its recommended actions. This will ensure that all overriding findings will address the intent of Government Code Section 21670(a) andpotentially avoid some of the resulting' incompatibilities and would further the objectives of the ALUC. statutes. ALUC 44 0 AIRPORT LAND. USE COMMISSION POLICY PLAN 0 APPENDIX B PUBLIC UTILITIES CODE Section 21655: :Notification to, and investigation by department before acquiring site for state building. Notwithstanding any other provision of law, .if the proposed site of any state building is within two miles, measured by air line, of that point on an.airport boundary which is nearest the site, the state agency or office which proposes to construct the building shall, before acquiring.title to property for;the new state building or for an addition.to a present site, notify the Department of Transportation, in writing, of the proposed acquisition. The Department shall investigate the proposed site and, within 25 days after receipt of the notice, shall submit to. the state agency or office which proposes to construct the building, a .written report of the investigation and its recommendations concerning acquisition of the site. Section 21656: Permit for structures having height in excess of prescribed maximum: Exception where approval by federal agency required. No person shall erect or add to the height of any structure within the boundaries of this state which will result in a structure that extends more than 500 feet above the ground on which such structure rests until, a permit therefor has been issued for such purpose by the Department of Transportation. This section is not applicable. to -the construction of any structure if the Federal Communications .Commission is. required to approve the height of the structure or if the height of the structure is required to be approved under the Federal Aviation Act of 1,958 (Public Law 85-726;72 State 731). Section 2.1658: Prohibition, against public utility construction constituting obstruction to air navigation. No public utility shall construct any pole, pole line, distribution or transmission tower, or tower line, or substation structure in the vicinity of the exterior boundary of an aircraft landing area of any airport, in a location with respect to the airport and at a height so as to constitute an obstruction to air navigation, as an obstruction is defined in accordance with Part 77 of the Federal Aviation Regulations, Federal Aviation Administration, or any corresponding rules or regulations of the Federal Aviation Administration, unless the F Federal Aviation Administration has determined that. the pole, line, tower, or structure does not constitute a hazard to air navigation. -ALUC - 45 0 AIRPORT LAND USE COMMISSION POLICY PLAN ❑ Section 21659: Permit for structure or -growth constituting hazard to air navigation'under federal re-gulation: Exceptions No person shall construct any structure or permit any natural growth to grow at a height so as to constitute a hazard to air navigation, as a hazard to air navigation is defined in accordance with theregulations of the Federal Aviation Administration relating to objects affecting navigable airspace contained in Title 14 of the Code of Federal Regulations, Part 77, unless a permit allowing the construction or growth is issued .by the Department of Transportation. The permit shall not be required if the Federal Aviation Administration has determined that the construction or growth does not constitute a hazard to air navigation or would not create an unsafe condition for air navigation. The' previous paragraph does not apply to a pole, pole line, distribution or transmission tower, or tower line or substation of a public utility. Section 21661.5: Approval of plan for new airport No political subdivision, any of its officers or employees, or any person may submit any application for the construction of a new airport to any local, regional, state, or federal agency unless the plan for such construction is first approved by the board of supervisors of the county, or the city council of the city, in which the airport is to be located and unless the plan is submitted to the appropriate com-mission exercising powers pursuant to Article 3.5 (commencing with Section 21670) of chapter of Part 1 of Division 9, and acted upon by such commission in accordance with the provisions of such article. Section 21661.6: Submission and approval of plan for expanding publicly owned airport: Conformity to approved plan, and approval of variance Prior to the acquisition of land by any political subdivision for the purpose of expanding or enlarging an existing publicly owned airport, the acquiring entity shall submit a plan of such expansion or enlargement to the board of supervisors of the county, or the city council of the city, in which property proposed to be acquired is located. . The plan shall show in detail the airport related uses and other uses proposed for the property to be acquired. The board. of supervisors or the city council, as the case may be, shall, upon notice, conduct a public hearing on such plan, and shall thereafter approve or disapprove the plan. Upon approval the plan, the proposed acquisition of property may begin. ALUC - 46 f AIRPORT LAND USE COMMISSION POLICY PLAN o The use of property so acquired shall thereafter conform to .the .approved plan, and any variance from such plan, or changes' proposed therein, shall first be approved by the appropriate board of supervisors or city council after a public hearing on the subject of the variance or plan change. The requirements of .this section are in addition to any other requirements of law relating to construction or expansion of airports. Section 21662: Approval of airport sites and issuance of airport permits The Department of Transportation shall have the authority to issue airport site approval Permits, amended airport; site approval permits, airport permits, and amended airport permits. No charge shall be made for the issuance of any permit. a u .AIRPORT LAND USE COMMISSION POLICY PLAN 0 APPENDIX C EDUCATION CODE These sections reflect .provisions of the Education Code related to proposed sites near airports. Section 39005: Investigation of school sites near airports To promote the safety of pupils, comprehensive community planning, and greater educational usefulness of school sites, the governing board of each school district, if a proposed school site is within two miles, measured by air line, of that point on an airport boundary which is nearest the site, before acquiring title to property for a new school site or for an addition to a present site, shall give the Department of Education notice in writing of the proposed acquisition and shall submit any information required by the Department of Education. Immediately after receiving notice of the proposed acquisition, the Department of Education shall notify the Department of Transportation, in writing, of the proposed acquisition. The Department of Transportation shall make an investigation and report to the Department of Education within 25 days after receipt of the notice. If the Department of Transportation is no longer in operation, the Department of Education shall, in lieu of notifying the Department of Transportation, notify the Civil Aeronautics Board or any other appropriate agency, in writing, of the proposed acquisition for the purpose of obtaining from the board or other agency any information or assistance that it may desire to give. The Department of Education shall investigate the proposed site and, within 30 days after receipt of the notice, shall submit to the governing 'board a written reports and its recommendations concerning acquisition of the site. Section 39006: Notice and public hearing Notwithstanding Section 39005, immediately after receiving notice of a proposed acquisition of property which is within two miles, measured by air line, of that point on an airport boundary which is nearest the site, the Department of Education shall notify the Department of Transportation, in writing, of the proposed,acquisition. The Department of Transportation shall make an investigation and report to the Department of Education within 25 days after receipt of the notice. As part of the investigation, the Department of Transportation shall give notice thereof to the owner and operator of the airport who shall be granted the opportunity to comment upon the proposed school site. ALUC - 48 ❑ AIRPORT LAND USE COMMISSION POLICY PLAN ❑ If the report of the Department of Education required by Section 39005 does not favor the acquisition of the property for a school site, or an addition to a present school site, the governing body shall not acquire title to the property until 30 days after the department's report is received and until the department's report has been read at a public hearing duly called after 10 days notice by publication in a newspaper of general circulation within the school district or, if there is no such newspaper, in a newspaper of general circulation within the county in which the property is located. Section 39007: Proposed school site within two miles of airport runway If, with respect to a proposed site located within two miles of an operative airport runway, the report of the Department of Education submitted to a school district governing board under Section 39005 or 39006 does not favor the acquisition of the site on the sole or partial basis of the unfavorable recommendation of the Department of Transportation, no state agency or officer shall grant, apportion, or allow to the school district for expenditure, in connection with that site, any state funds otherwise made available under any state law whatever for school site acquisition or school building construction, or for expansion of existing sites and buildings, and no funds of the school district or of the county in which the district lies shall be expended for those purposes, except that the provisions of this section shall not apply to sites acquired prior to January 1, 1966, nor to any additions to extensions to those sites. If the recommendation of the Department of Transportation is unfavorable, the recommendation shall not be overruled without the express approval of the Department of Education and the State Allocation Board. In addition to the land use consistency requirements, the Public Utilities Code contains the following provisions related to land use around airports. Section 81036: Investigation of community college site near airport To promote the safety of students, comprehensive community planning, and greater educational usefulness of community college sites, the governing board of each community college district, if the proposed site is within two miles, measured by air line, of that point on an airport boundary which is nearest the site, before acquiring title to property for a new community college site or for an addition to a present site, shall give the board of governors notice in writing of the proposed acquisition and shall submit any information required by the board of governors. ALUC - 49 0 AIRPORT LAND USE COMMISSION POLICY PLAN 0 Immediately after receiving notice of the proposed acquisition, the board of governors shall notify the Division of Aeronautics of the. Department of Transportation, in writing, of the proposed acquisition. The Division of Aeronautics shall make an investigation report .to the board of governors within.25 days after receipt of the notice. If the Division of Aeronautics is no longer in operation, the board of governors shall, in lieu of notifying the Division of Aeronautics, notify the Federal Aviation Administration or any other appropriate agency, in writing of the proposed acquisition for the purpose of obtaining from the authority or other agency such information or assistance as it may desire to give. The board of governors shall investigate the proposed site and within 30 days after receipt of the notice shall submit to the governing board a written report and its recommendations concerning acquisition of the site. The governing board shall not acquire title to the property until the report of the board of governors has been received. If the report does not favor the acquisition of the property for a community college site or an addition to a present community college site the governing board shall not acquire title to the property until 30 days after the department's report is received and until the board of governors' report has been read at a public hearing duly called after 10 days notice published once in a newspaper of general circulation within the community college district, or if there is no such newspaper, then in a newspaper of general circulation within the county in which the property is located. Section 81038: Effect of disfavor of acquisition of community college site near airport If, with respect to a proposed site located within two miles of an operative airport runway, the report of the board of governors submitted to a community college district governing board under Section 81036 does not favor the acquisition of the site on the sole or partial basis of the unfavorable recommendation of the Division of Aeronautics of the Department of Transportation, no state agency or officer shall grant, apportion, or allow to such community college district for expenditure in connection with that site, any state funds otherwise made available under any state law whatever for community college site acquisition or college building construction, or for expansion of existing sites and buildings, and no funds of the community college district or the county in which the district lies shall be expended for such purposes; provided that the provisions of this section shall be applicable to sites acquired prior to January 1, 1966 nor to any additions to extensions to such sites. If the recommendation of the Division of Aeronautics is unfavorable, such recommendation shall not be overruled without the express approval of the Board of Governors and the State Allocation Board. ALUC - 50 AIRPORT:LANDUSE COMMISSION POLICY PLAN 0 APPENDIX D THE PLANNING AND ZONING LAW (California::Government Code) TITLE 7. PLANNING AND LAND USE DIVISION 1. PLANNING AND ZONING Article 5. Authority for and Scope of General Plans SECTION 1. Section 65302.3 'of the .Government Code is amended to read: � 65302.3. (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 satisfy the provisions of this section by adopting findings pursuant to Section 21676 of the Public Utilities Code.