HomeMy WebLinkAboutBUTTE COUNTY AIRPORT POLICY PLAN FINAL DRAFT MAY 17, 1995BUTTE COUNTY AIRPORT
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POLICY -PLAN
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Final ursa
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{ May 17, 1995 � 1.
Prepared for Butte County ALUC
by The Planning Studio Class
Department of Geography and Planning
California State University, Chico
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{ May 17, 1995 � 1.
Prepared for Butte County ALUC
by The Planning Studio Class
Department of Geography and Planning
California State University, Chico
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TABLE OF CONTENTS
Introduction.......................................................................................
Findingsof Inconsistency........................................................................2
Airport Compatibility Plan.....................................................................8
Compatibility Criteria.........................................................................11
OverflightMap Discussion...................................................................12
Recommended Interim Policies...:........................................................14
Bibliography.......................................................................................... 21
Appendices............................................................................................22
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Acknowled ments
Ron Faulkner
City of Chico, Engineering Dept.
Christa Engle
Dept. of Transportation, Aeronautics Division
Sean Paul
Tower Manager, Chico Municipal Airport
Steve Lucas
Associate Planner, Butte County
Lisa Purvis -Wilson
Associate Planner, Butte County
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Barry Hogan
Planning Manager, Butte County ;.
Tom Hayes
Senior Planner, Butte County
Barbara Hennigan
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Samuel J. Pruitt
Cartographic Coordinator
ALUC Memebers
John Franklin
Commissioner ,
Fred Grest
Commissioner
Pat Stevens
Commissioner ;
Tom Lando
Commissioner
Join Rossas
Commissioner
Nina Lambert
Commissioner
Barry Creighton
Alternate
Robert Hennigan
Alternate
Don Smail
Alternate
Maryann Imbiorski
Alternate
Dan Chesanow
Alternate ;
John Papadakis
Alternate
Class Members
Dr. William Collins
Chair/Geography and Planning Dept. CSUC
Scott Rush
Cartographer/Editor i
David Kelley
Editor
Angelia Stockdale
Editor/Printer
Kent Johanns ' .
Editor
Nicole Duval
Garth Ward
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Brad Wall
Eric Flath ,
Brad Pierce
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Craig Hoffman
Robert Johnson
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Andy Keever
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Ed Philpot
Robert Linn
Todd Wofchuck
Harjinder Chima
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John Williamson
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Executive Summary
The findings of inconsistency between the 1995 North Chico Specific Plan (NCSP) and the
1978 Chico Municipal Airport Environs Plan (CMAELUP) are based on long range
compatibility concerns. The Airport Land Use Commission (ALUC) has made a finding of
inconsistency. Specifically, the inconsistencies are based on the locations of an elementary
school, areas of high and medium residential, and commercial, in close proximity to the Chico
Municipal Airport (CMA) boundary. These uses will pose both a barrier to airport expansion
in the future and safety problem. These findings of inconsistency have implications with regards
to several of the documents that the consistency group has examined.
After review of the documents and comparing them with Caltrans guidelines the
inconsistencies of The NCSP planwith the Chico General Plan, Butte County General Plan,
FAR Part150 Study and the Caltrans Airport Land Use Planning Handbook are based on the
location of the overflight zone and the relation of the planned uses in the NCSP to that
overflight zone. The general nature of the policies contained within'the City of Chico and The
Butte County General Plans makes direct comparison difficult, however it was determined that
the NCSP was in conflict with the respective. plans. The reason is that Although the NCSP
meets most of Caltrans guidelines with regards to noise and safety in general it does not take
into account peoples perceptions of noise and safety that could potentially restrict airport
operations in the future. Some more direct conflicts become apparent when the NCSP is
compared with the FAR Part 150 study and Caltrans Airport Land Use Planning Handbook.
Compatibility policies are a central feature of any compatibility plan. Of equal
importance, are the related criteria and maps on which the policies are based. The
CAL TRANS Airport Land Use Planning Handbook identifies four criteria that are
important to consider whendeveloping an airport compatibility plan: height restrictions,
safety, noise and overflight. The evaluation of each of these criteria will serve as the basis
for future compatibility determinations and land use decisions.
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The development of individual and composite maps containing all.of the preceding
criteria is a pertinent aspect of defining the planning boundary. With individual maps the
delineation of appropriate compatibility zones will show the relationship between land uses
and the specific criteria. Composite maps on the other hand show all criteria overlaid on a
base map, which will allow for quick reference and more flexibility in the mapping of
zones. This in turn will allow for the accurate development of a compatibility plan for the
airport.
The CSU students airport compatibility planning group has reviewed all of the
documents and airport plans of the airports within Butte County's jurisdiction. We believe
that Butte County will continue to grow and that the economic potential represented by
the airports in Butte County will be an integral part of growth in the county. The sooner
the county and its agencies with jurisdictions over airports focus on a vision of growth
that includes airports, a realistic look at the land uses around the airports will become
central to that vision. If airport growth becomes locked in by development then the cost
of a new airport may have fiscal and land constraints.
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Introduction
On January 31, 1995, the Geography and Planning 224 class of California State
University, Chico, entered into' an agreement with the Butte County Planning Department
to compare/contrast the proposed Airport Noise Compatibility Program and Environs Plan
for the Chico Municipal Airport (CMA), to prepare documents useful for county airport
compatibility planning and to prepare interim policies, for the Chico and County wide
airports.
In order to accomplish this task, the study was divided into three research areas:
1. Planning document consistency analysis,
2. Airport compatibility planning, research and mapping, and
3. Interim policy formulation for CMA and Butte County ALUC.
The planning document consistency goal was to produce a matrix showing all
inconsistencies among documents provided by Butte County using the Caltrans Airport
Land Use Planning Handbook as a guide (refer to bibliography for a complete listing of
documents). The mission of the airport compatibility planning was to produce an
overflight map of the CMA obtained by field observations and formal interviews. Finally,
the task of policy analysis was to formulate interim policies that met Caltrans Airport Land
Use plan requirements. The purpose of these policies is to protect airport operations and
to allow for expansion in the future while protecting the public.
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FINDINGS . OF INCONSISTENCY
Inconsistent Policies and Recommendations for Consistency
' Introduction
The f ndings of inconsistency between the 1995 North Chico Specific Plan (NCSP) and the
1978 Chico Municipal Airport Environs Plan (CMAELUP) are based on long range
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compatibility concerns. TheAirport Land Use Commission (ALUC) has made a finding of
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inconsistency. Specifically, the inconsistencies are based on the locations of an elementary
school, areas of high and medium residential,.and commercial, in close proximity to the Chico
' Municipal Airport (CMA) boundary. These uses will pose both a barrier to airport expansion
in the future and safety problem. These findings of inconsistency have implications with regards
' to several of the documents that the consistency group has examined. These documents are
the City of Chico General Plan, Butte County General Plan, Federal Aviation Regulation
' (FAR) Part 150 and the Caltrans Airport Land Use Planning Handbook Referring to the
concluding matrices the following inconsistencies listed can be matched with the appropriate
document.
' CIW OF CHICO GENERAL PLAN
The Problems associated with this document reflect long range compatibility concerns. The
Chico General Plan proposes to protect the future of CMA by limiting growth that would
endanger future expansion. The following ,guiding policies have been found to be inconsistent
with the NCSP.
' Policy l (LU -G-30): Protect the City's investment in the Chico Municipal Airport (CMA) and
promote airport related development in the Airport Industrial Park and Airport environs.
Poli2 U -G-31 : Continue to apply and enforce zoning and land use regulations designed
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to promote compatible development of the.airport hazard by establishing height limits and use
' restrictions and zoning districts that are specifically intended to promote compatible airport -
related development.
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' Policy 3 (LU -G-31): Safeguard the CMA and its environs from intrusions by uses that could
limit expansion of air services to meet future aviation needs. 1
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Inconsistency: Within the Airport environs the North Chico Specific Plan (NCSP) proposes
uses which are not related to airport development. Specifically, the plan calls for Agricultural,
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Low, Medium and Hgh Density Residential designations, Commercial and Public land uses
(including an elementary school). .
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Recommendation: The locations of these. incompatible land uses should be moved to an area '
outside the overflight zone.
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Policy 3 (LU -G-31): Safeguard the CMA and its environs from intrusions by uses that could
limit expansion of air services to meet future aviation needs.
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Inconsistency: By surrounding the CMA ,environs with residential,. public and commercial- i
uses, expansion of air services could be limited. The Final Environmental Impact Report
(FEIR) for the NCSP states, "...residential occupants may register complaints that, over time
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and in sufficient quantity, could potentially lead to restrictions in airport operations or traffic
patterns. In this circumstance, in addition to direct pressure on airport operations, the
attractiveness and competitiveness of the adjacent industrial lands for the location of job-
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producing industrial facilities 'that require, airport usage may potentially be decreased." NC SP
FEIR, Page 3-12.
■Recommendation:
The locations of these incompatible land uses should be moved to an area
outside the overflight zone. '
Policy 4 : Work w,ith county and property owners to ensure that the specific plan for
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CSA 87. Does not include any urban residential* or public assembly uses (including schools
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and day care facilities) within the Airport overflight zone as recommended by the FAR Part
150 study.
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*Urban residential is defined by the City of Chico as any density greater than 2.1 units per acre.
Inconsistency: The NCSP proposes a village core area within the overflight zone. This area
will contain medium and high density residential uses and an elementary school. FAR. Part 150,
Exhibit III -1 and NCSP, Figure 3-2 Land Use Map. '
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BUTTE COUNTY GENERAL PLAN -CIRCULATION ELEMENT
In examining the Butte County General Plan the same long range compatibility concerns are
' evident. The circulation element section dealing with air transportation has two areas of
conflict. Policy 1 is inconsistent with the NCSP. Policies 2 and, 4 are incomplete, in that there
is no definite land use plan for the CMA as required by the Caltrans Airport Land Use Planning
Handbook.
Policy 5 (12.1.1): The county shall implement measures in unincorporated areasthat provide
ifor continued safe operation of airports.
Inconsistency: People's perception of a.safety problems may restrict airport expansion in the
' future.
Recommendation: The locations of these incompatible land uses should be moved to an area
' outside the overflight zone.
Policy 6 (12.1.2): The county will ensure that land uses in the vicinity of public airports are
compatible with respective airport land use plans.
Policy 7 (P.12): The Airport Land Use Commission (Butte County Planning Commission)
shall adopt and maintain airport land use plans for the Chico and Oroville airports.
Inconsistency: No definite land use plan for the CMA is completed as required by the
Caltrans Airport Land Use Planning Handbook.
Recommendation: A definite land use plan must be adopted for the CMA using the Caltrans
Airport Land Use Planning Landbook as a guide.
' BUTTE COUNTY GENERAL PLAN LAND USE ELEMENT -PUBLIC FACILITIES
The NCSP is inconsistent with the Butte County Land Use Element within in the public
facilities section. The two areas that are inconsistent with NCSP are circulation systems,
policies A and B, and educational facilities, policy B.
1 Policy 8 (Policy A): Schools - Consider proximity to students and compatibility of adjacent
uses in creating schools.
Inconsistency: NCSP proposes an elementary school site approximately 5,000 feet from the
airport, an incompatible use.
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' Recommendation: The proposed location of the school in the. NCSP should be moved to an
area outside the overflight zone: `
' Poli9 (Policy A : Circulation ems - Provide transportation facilities of all types to supply
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needs for rapid efficient comfortable, and safe passage of people and commodities.
Policy 10 (Policy B): Provide a circulation system and plan -that is consistent with and will
support existing and proposed patterns and densities of land use.
Inconsistency: People's perception of safety problems could restrict airport operations and
expansion in the future.
Recommendation: The locations of these incompatible land uses should be moved to an area
outside the overflight zone:
FAR PART 150-AERPORT NOISE COMPATIBILITY PROGRAM AND ENVIRONS
PLAN FOR CHICO MUNICIPAL AIRPORT
The FAR Part 150 study is inconsistent with the NCSP in regards to new residential
developments in the overflight zone.
Policy 11: The development of new residential uses are not recommended in the area defined
in Exhibit III -1 as Zone A: New development of single family residential uses is prohibited in
the area defined in Exhibit III -1 as Zone B. The area defined as Zones A and B is also known
as the overflight zone.
Inconsistency: The NCSP designates part of Zone A as low and medium density residential
and part of Zone B as low density residential.
Recommendation: The locations of these incompatible land uses should be moved to an area
outside the overflight zone.
CALTRANS AIRPORT LAND USE PLANNING HANDBOOK
The FAR Part 150 study and NCSP have been found to be inconsistent with the Caltrans
Airport Land Use Handbook. These inconsistencies deal with the establishment of the
overflight zone, lot coverage for commercial areas within the overflight zone, and the density
of use in the overflight
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Policy 12: The traffic pattern/overflight zone can be generally defined .by the FAR Part77,
horizontal surface.
Inconsistency: FAR Part 150 defines the overflight zone for the CMA as a significantly
smaller area than the horizontal. surface presented by the ALUC manual.
Recommendation: Representations of the overflight zones should be made consistent within
.the respective documents.
Policy 13: Lot coverage within the overflight/traffic pattern zone for commercial uses should
not exceed 40% to 50%. Also, 10% to 15% useable open space should be provided
approximately every 1/4 to 1/2.mile within the overflight zone.
Inconsistency: The NCSP designates commercial uses in the overflight zone without limiting
lot coverage to 400/6-50% and does not provide for 10% to 15% usable open space ever 1/4 to
1/2 mile.
Recommendation: The location of usable'open space and lot. coverage restrictions should be
considered. ,
Policy 14: Density of Use - very large assemblies of people, in the 150 or more people per acre
range needs to be avoided.
Inconsistency: NCSP designated an area within the overflight/traffic pattern zone for an
elementary school. A use that will cause assemblies of people grater than 150 per acre. .
Recommendation: The locations of these incompatible land uses should be moved to an area
outside the overflight zone.
Policy 15: Special Functions - schools, hospitals and nursing homes should be avoided in
.traffic pattern zones unless no other feasible alternatives are available.
Inconsistency: Special functions such as an elementary secondary schools are land uses
commonly regarded as requiring special protection from hazards such as aircraft accidents.
The NCSP designated a school site within the overflight/traffic pattern zone subjecting this
special function to airport hazards.
Recommendation: The locations of these incompatible land uses should be moved to an area
outside the overflight zone.
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' Policy 16: As summarized in the handbook, the EPA level document states that `undue
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interference with activity and annoyance" will occur if outdoor'noise levels in residential areas
are below ldn 55 and indoor levels are below,ldn 45.
Inconsistency: NCSP designates residential' uses with in the 55-601dn zone. Structures will
' have noise attenuation on features but outdoor noise will be in the 55-60 ldn zone.
'Recommendation: The locations of these incompatible land uses should be moved to an area
ioutside the overflight zone.
Policy 17: The Airport Land Use Commission (ALUC) shall adopt and maintain
' comprehensive Airport Land Use Plans (CLUPs) or Airport Land Use Plan (ALUP) for the
CMA.
Inconsistency: No definite land use plan for the CMA is completed as required by the Public
Utilities Code chapter 4, article 3 5.
Recommendation: A definite land use plan must be developed for the CMA. ALUC holds
the responsibility of adopting this land use plan.
Summary
After review of the documents and comparing them with Caltrans guidelines the inconsistencies
of The NCSP plan with the Chico General Plan, Butte County General Plan, FAR Part 150
Study and the Caltrans Airport Land Use Planning Handbook are based on the location of the
overflight zone and the relation of the planned uses in the NCSP to that overflight zone. The
general nature of the policies contained within the City of Chico and The Butte County General
Plans makes direct comparison diff cult, however it was determined that the NCSP was in
conflict with the respective plans. The reason is that Although the NCSP meets most of
Caltrans guidelines with regards to noise and safety in general it does not take into account
peoples perceptions of noise and safety that could potentially restrict airport operations in the
future. Some more direct conflicts become apparent when the NCSP is compared with the
FAR Part 150 study and Caltrans Airport Land Use Planning Handbook. A graphical
representation of these inconsistencies can be seen in the following matrices.
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MATRICES
Consistency Matrix Identifying Inconsistencies Page i of 1:
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AN = A licable but not Consistent P = Policy - (See Attached Policy Statements) Last Revised - May 16,1995
=Coun
of Butte
Ci
of Chico
-
General Plan Elements
Airport Land
North Chico
General
FAR Part
r
e
Use
Specific Plan
S P
Plan .
150
- -
i n
it 1 to
Lan Use C cu a
a
mi �o n
Co m ss
ulte:::Cvu;n ;:;nera>l:...:............._......................
1C..............
Noise Element
.............
Circulation Element
-
ANC
<.... .
1
ifi Pan
h S ec c
North Chico
0 ..-
`ok>
Cahrans. A� +dirtMaridUse'la._:..... ndbo. .
CHAPTER 2 - Preparation and Content of
Compatibility Plans
Purpose of Compatibility Plans
CHAPTER 7 - Noise Compatibility Policy Issues
EPA Leve 1 Documents _
_
,
..........
................
" CHAPTER 9 = Safety Compatibility Policy Issues
Pattern/Overflight Zone
€'Traff
AN = A licable but not Consistent P = Policy - (See Attached Policy Statements) Last Revised - May 16,1995
Preliminary Study of Possible Inconsistencies Page 1 of 5
County of Butte City of Chico
General Plan Elements Airport Land North Chico General FAR Part
Use Specific Plan Plan 150
Land Use Noise Circulation Commission
Land Ues Element
Noise Element
Circulation Element
Land Use Commission
North Chico Specific Plan
Chico General Plan
Chico FAR Part 150
AC = Applicable and Consistent N/A = Not Applicable
ANC = Applicable but not Consistent P = Policy - (See Attached Policy Statements) Last Revised - May 17, 1995
Preliminary Study of Possible Inconsistencies Page 2 of 5
AC = Applicable and Consistent N/A = Not Applicable
ANC = Applicable but not Consistent P = Policy - (See Attached Policy Statements) Last Revised - May 17,1995
County of Butte
City of Chico
General Plan Elements
Airport Land
North Chico
General
FAR Part
-
Use
Specific Plan
Plan
150
Land Use
Noise
Circulation
Commission
CHAPTER 2 - Preparation
and Content of
Compatibility Plans
Purpose of Compatibility
rp
Plans
<<`>
CHAPTER 7 - Noise
Compatibility Policy Issues
FAR Part 36
N/A
N/A
N/A
N/A
N/A
N/A
FAR Part 150
N/A
AC
N/A
AC
AC
N/A
FAR Part 161
N/A
N/A
N/A
N/A
N/A
N/A
................::.::
t�cFeditto «<><
'` €i><'<
AC
N A
EPA Level Documents
>P`C
Federal Interagency
N/A
N/A
N/A
AC
AC
N/A
Committee on Urban Noise
(FICUN
AC = Applicable and Consistent N/A = Not Applicable
ANC = Applicable but not Consistent P = Policy - (See Attached Policy Statements) Last Revised - May 17,1995
Preliminary Study of Possible Inconsistencies Page 3 of 5
IState Aeronautics Act
N/A I
County of Butte
I N/A
City of Chico
I
N/A I
AC I
General Plan Elements Airport Land
North Chico
General
FAR Part
Use
Specific Plan
Plan
150
Airport Noise Standards
Noise
Circulation Commission
------------------------------
AC
Department of Housing and
N/A.
N/A
AC
AC
AC
Urban Development (HUD
::y>:'..... .
<Sa�'t�f;alb£orn.
n.
Department of Defense Air
TLan.d
N/A
N/A
Noise Insulation Standards
N/A
AC
N/A
Installation Compatible UseZone
AC
AC
AC
Noise Planning in Land Use
AC
AC
AC
??
AC
N/A
Act
Federal Interagency
N/A
N/A
N/A
N/A
N/A
Committee on Noise .
(FICON)
IState Aeronautics Act
N/A I
N/A
I N/A
I
I
N/A I
AC I
N/A
Airport Noise Standards
AC
AC
AC
AC
AC .
AC
::y>:'..... .
<Sa�'t�f;alb£orn.
n.
Noise Insulation Standards
N/A
AC
N/A
AC
AC
AC
Noise Planning in Land Use
AC
AC
AC
??
AC
N/A
Act
AC. = Applicable and Consistent N/A = Not Applicable
ANC = Applicable but not Consistent P = Policy - (See Attached Policy Statements) Last Revised - May 17, 1995
Preliminary Study of Possible Inconsistencies Page 4 of 5
X.XT.
County of Butte
City of Chico
General Plan Elements
N/A
Airport Land
North Chico
General
FAR Part
N/A
AC
- N/A
Use
Specific Plan
Plan
150
Land Use Noise
Circulation
Commission
Runway Protection Zones
N/A
N/A
N/A '
N/A
AC
N/A
(R'Zs)
Expanding and Shrinking
N/A
AC
N/A
N/A
N/A
AC
AC
-.Contours
N/A
AC
N/A
Engine Run -Up Noise
N/A
N/A
N/A
N/A
AC
AC
Noise Sensitive Areas
N/A
AC
N/A
N/A
AC
AC
N/A
N/A
N/A
N/A
CHAPTER 9 - Safety
Compatibility Policy Issues
X.XT.
FAR Part 77 - Runway
N/A
N/A
N/A
N/A
AC
- N/A
Vicinity.
Runway Protection Zones
N/A
N/A
N/A '
N/A
AC
N/A
(R'Zs)
Airspace Protection
N/A
N/A
N/A
N/A
AC
N/A
>:
<<`
::::.:.:.........
State Aeronautics Act
N/A
N/A
N/A
N/A
N/A
N/A
AC = Applicable and. Consistent N/A = Not Applicable
ANC = Applicable but not.Consistent P = Policy - (See Attached Policy Statements) Last Revised -,May 17, 1995
Preliminary Study of Possible Inconsistencies Page 5 of 5
Land Use Characteristics N/A
N/A
AC
County of Butte
AC I
City of Chico
N/A
Height to Flight N/A
N/A
AC
AC
I N/A
I N/A
General Plan Elements
Airport Land
North Chico
General
FAR Part
Use
Specific Plan
Plan
150
Land Use
Noise
Circulation
Commission
State Education Code
Applicable
N/A
AC
Applicable
AC
I N/A
I'tf�I..................:.:::.::::.::::::::::::::::.:::::::::::.:.:::
Inner Safety Zone
N/A
N/A
N/A
N/A
N/A
N/A
Outer Safety Zone
N/A
N/A
N/A
N/A
N/A
N/A
Emergency Touchdown Zone
N/A
N/A-
N/A
N/A
N/A
N/A
Applicable
N/A
N/A
7 `>
AC
NA
/
Traffic Pattern/Overflight
........
Zone
<a .. `>
Extend Runway Centerline
N/A
N/A
N/A
N/A
N/A
N/A
Land Use Characteristics N/A
N/A
AC
AC I
AC j
N/A
Height to Flight N/A
N/A
AC
AC
I N/A
I N/A
AC = Applicable and Consistent N/A = Not Applicable
ANC = Applicable but not Consistent P = Policy - (See Attached Policy Statements)
Last Revised - May 17, 1995
BUTTE COUNTY AIRPORT
COMPATIBILITY PLAN
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Airport Compatibility Policies
Introduction
Compatibility policies are a central feature of any compatibility plan. Of equal importance,
are the related criteria and maps on which the policies are based. The CAL TRANS Airport
Land Use Planning Handbook identifies four criteria that are important to consider when
developing an airport compatibility plan: height restrictions, safety, noise and overflight.
The evaluation of each of these criteria will serve as the basis for future compatibility
determinations and land use decisions.
Compatibility Concerns
Our goal is to develop composite maps and tables that identify where and how the
following criteria geographically apply within the airport vicinity.
• Height Restrictions - The height limit component of Airspace Protection is mapped
utilizing the Federal Aviation Regulations, Part 77, airspace plan prepared for the
airport. Horizontal and conical surface maps will be employed for this purpose.
Mapping of the horizontal and conical surfaces, allow for the development of adequate
compatibility strategies'concerning protection of airport airspace.
• Safety - As recommended by The CAL TRANS Airport Land Use Planning Handbook,
the following safety zones should be identified and mapped. These zones are: (1)
Runway protection zone, (2) Inner safety zone, (3) Inner turning zones, (4) Outer
safety zone, (5) Sideline zones, (6)'fTraffic pattern zone. For each of the preceding
zones, there should bean evaluation of three land use characteristics: Density of Use,
Residential verse Nonresidential Function and Special Functions. These measures will
in turn allow for the comparison and evaluation of the most acceptable land uses and
forms of development within the airport vicinity
• Noise - Noise is one of the most basic compatibility planning related concerns, because
it is usually the most geographically extensive form of airport impact. Far Part 150
can be utilized. to determine noise contour boundaries. The contours are accurate and
reliable enough for developing a strategy for noise compatibility determinations in the
airport vicinity. The noise contours can be mapped on both a separate and composite
map. Additional discussion and mapping should address the topic of single -event
noise levels.
• Overflight - We were able to map overflight patterns based on field observations and
information supplied to us by Sean Paul - Tower Manager for Chico. Municipal
Airport. The following are overflight maps completed: VFR arrivals and departures, ,
CDF arrivals and departures, and U-2 arrivals and departures (see appendix). VFR
arrivals and departures account for. approximately 90% of the total flight activity,
while the other 10% is composed of all other flight activity including ILS approaches.
The frequency of flights at Chico Municipal airport varies with the season and typically
there is an increase in airport activity during summer months especially with regards to
CDF planes. In our final map, seasonal variations should also be taken into account,
allowing for analysis on a year around basis, rather than just yearly averages.
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Conclusion
The development of individual and composite maps containing all of the preceding criteria
is a pertinent aspect of defining the planning boundary. With individual maps the
delineation of appropriate compatibility zones will show the relationship between land uses
and the specific criteria. Composite maps on the other hand show all criteria overlaid on a
base map, which will allow for quick reference and more flexibility in the mapping of
zones. This in turn will allow for the accurate development of a compatibility plan for the
airport:
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ILLUSTRATIONS
Compatibility Criteria
Chico Municipal Airport Overflight Protection Zones
Basis for Overflight Protection Zone
The following general guidelines were used in establishing the compatibility zones on the
overflight zone map.
• Zone A - The boundary of this zone is'generally defined as the Overflight Zone and
includes the Approach/Departure Zone. The Overflight Zone is that area where
aircraft maneuver to enter or leave the traffic pattern, typically defined by the FAR
Part 77 horizontal surface This zone was established as the area with the greatest
safety concerns. The concerns are due to aircraft climbing, descending, turning, and
changing power settings when landing at or taking off from the airport.
• Zone B - The boundary of this zone is defined as the Extended Approach/Departure
Zone and includes area where aircraft are commonly below 800 feet above ground
level (AGL). The hazards in this area. are very similar to those in Zone A, however the
effect of the same factors of landing, take -off, AND noise are not as severe because
the aircraft are at higher altitudes. The perimeter of this area was established to
coincide with areas where aircraft would be in the arrival/departure pattern as
expressed in the following maps and would be turning and applying or reducing
power.
• Zone C - This area is generally defined as the outer boundary of the Common Traffic
Pattern. Aircraft in this area are commonly below 1,000 AGL. The shape and size of
this zone was modified to include Department of Forestry overflight patterns. The
main safety concern for this area is the low overflight of CDF tankers. The other flight
impacts associated with Zones A andS are not common in this zone.
. ND *AESPPRONri.. VILLA RE
Keefer Rd.
\S4 ZONE C
�.
�, ►�
.•u • ii
a •
N
Overflight'Map Discussion
The overflight maps presented here are principal products of the research. They are based
upon field observations, published information and detailed information provided by the
chief air traffic controller at Chico Municipal Airport.
• VFR Arrivals and Departures - Visual flight rules identify conditions when weather
is adequate for aircraft to maintain safe separation by visual means. These traffic
patterns account for 90% of all aircraft traffic at the Chico Municipal airport. During
arrivals, pilots will come in on a specified flight pattern upon which they will began a
common traffic pattern as represented by the black lines on the VFR arrival and
departure maps. Pilots will utilize the common traffic pattern to land against the wind.
If their approach is into the wind to begin with, typically aircraft take a straight -in
approach. (See attached map)
• Non -Radio Equipped Aircraft - Aircraft utilizing this flight pattern are typically
cropdusters. These aircraft are used infrequently and constitute a very small
percentage of the flight into and out of the CMA. These aircraft will typically use the
same flight patterns addressed in the overflight for VFR arrivals/departures. However,
with the close proximity of agriculture, the flight patterns may vary somewhat. (See
attached map)
• U-2 Simulated Flame Out - U-2 aircraft utilize the CMA to practice a simulated
pattern called "touch and go". These aircraft descend from approximately 2600 to
1600 feet above ground level (AGL) in a circular fashion upon which they land and
take -off again. This flight pattern is unique and represents, under 1% of overflight.
(See attached map)
12
CDF Patterns - California Department of Forestry aircraft usually follow a straight -in
straight-out arrival and departure. However, with a full load, they take -off with the
wind which means that the aircraft may need to make a 180 degree turn as evident by
the map. These aircraft when fully loaded are very heavy and require turns that are
much wider than ordinary commercial aircraft: The overflight pattern for a fully loaded
CDF aircraft will be approximately 600-1000 feet above mean sea level. Also, the
fully loaded speed and rate of climb is the lowest of any aircraft at Chico Municipal
Airport and is approximately 400 feet per mile. (See attached map)
• IFR Arrivals - Instrument flight rules governing the procedures for conducting
instrument flight. Generally, IFR applies when meteorological conditions with a
ceiling below 1,000 feet and visibility'less than 3 miles prevail.(See attached map)
13
Keefer Rd.
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41
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CHICO MUNICIPAL AIRPORT
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efer Rd.
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AIRPORT
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AIRPORT NOISE
COMPATIBILITY
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AND
ENVIRONS PLAN
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EXHIBIT III - 2
FAR PART 77
SURFACES
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CHICO MUNICIPAL
AIRPORT
FAR PART 150
AIRPORT NOISE
COMPATIBILITY
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AND
ENVIRONS PLAN
SCALE
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NORTH
LEGEND
— A.PW
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EXWBIT 1-3
NOISE EXPOSURE MAP:
2010 FORECAST
CONDITIONS
P&D Aviation
A D1,111-11
P&D T .... 1.94.
RECOMMENDED INTERIM
POLICIES
Airport Land Use Commission Policy
The CSU students airport compatibility planning group has reviewed all of the
documents and airport plans of the airports within Butte County's jurisdiction. Following
suggestions received from the. California Department of Transportation - Aeronautics
Program, we contacted the Sacramento Area Council of Governments to obtain a number
of airport related documents that met Caltrans airport land use plan requirements. The
documents received included:
• Franklin Field Comprehensive Land Use Plan
• McClellan Air Force Base Airport Plan
• Sacramento Metropolitan Airport Comprehensive Land Use Plan
• San Joaquin County Council of Governments Airport Land'Use Plan and
• Yuba County Airport Comprehensive Land Use Plan.
We also were sent from Fresno County:
• Fresno Air Terminal Airport and Environs Plan
' From Krista Engel of Caltrans
• Kern County Airport Compatibility Land Use Plan .
' These plans provided us with; sufficient number of examples of airport operations to
conclude that Airport Land Use Commissions have specific and binding jurisdiction over
' land uses and that the Public Utilities Code (PUC) and California Code (CC) and the
Education Code (EC) provide; that the ALUC has overriding decisive power and
' responsibility for the contents of the General Plans with regards to airports and the land
uses surrounding those airports.
In studying the land use issues surrounding local airports we have found Airport
Land Use Commissions (ALUC) serve an important role in the planning process.
ALUC's has two stated goals:
1. To safeguard the general welfare of the inhabitants of airports within the vicinity of
airports and the general public as a whole; and
2. to provide for the orderly growth of each public airport and the area surrounding it.,
The Butte County Airport Land Use Commission (ALUC) has been formally
established since June 28, 1984. The members of that commission are given the
responsibility of safeguarding county airports areas of influence from urban encroachment.
14
1
pperformance lands'which by
The commission must in the of its duties, assure that are used
'
the public, surround the airports, are protected for pilots, passengers, retailers and
residents in the vicinity of the airport. The Butte County ALUC must assure that those
who use the air within the approach and landing surfaces of airports and the lands beneath
those surfaces are sufficiently undeveloped from harm which might occur from the action
'
of aircraft using the overflight spaces.
The Butte County ALUC is charged with preparing policies for this airport
'
protection. The documents required by the Federal Aviation Administration (FAA) and
the California Department of Transportation, Aeronautics Program (Caltrans Aeronautics)
'
are Airport Master Plans and compatibility Plans.
Master plans include compatibility plans and are required to be completed prior to
'
undertaking compatibility plans. Compatibility plans shall either be contained within the
master plans of each individual airport by administrative agency with jurisdiction over
'
individual airports or in a master plan which covers all airports within the jurisdiction of
the larger agencies, e.g. Butte County.
The Chico Municipal Airport is within the jurisdiction of the Butte County Airport
Land Use Commission. The Chico Municipal Airport Environs Plan and policy decisions
made by the City of Chico general plan and its amendments are not in compliance with the
'
compatibility plan requirements of the FAA and Caltrans Aeronautics. The Chico North'
Specific Plan is one such amendment that does not meet those requirements.
In our analysis we found specific conditions and actions that need to be addressed
by the commission. These should be resolved before the compatibility land use plans are
completed.
Defining Interim Policies
The following are suggested measures for meeting the required findings, policies
'
and implementations to insure proper safety policies for the airport. environments of Butte
County Airports which are within the jurisdiction of the Butte County Airport Land Use
'
Commission. c
1
1
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1. Interim policies have three major functions:
a) To protect the airport from encroachment by incompatible land uses;
b) To safeguard the general welfare of the inhabitants within the vicinity of the
airport and the public in general by protecting them from adverse effects of
aircraft noise
and reducing the number of people exposed to airport -related hazards.
C) To ensure that no structures affect navigable airspace.
2. The interim policies shall be 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.
3. Applicants for new developments within the affected areas should be informed of
the boundaries where height, noise, or safety restrictions are imposed. Height standards
for defining obstructions to air navigation are established by the Federal Aviation
Administration (FAA) and are defined in FAR Part 77, Objects Affecting Navigable
Airspace. Noise restrictions are governed by California Administration Code, Title 21,
subchapter 6. Airport safety areas are determined by the Airport Land Use Commission..
The total area encompassed by these three sets of boundaries is referred to as the "Airport
Area Influence"(Airport Land Use Plan Handbook, California Department of
Transportation, Aeronautics Program).
4. The Airport Land Use Commission (ALUC) shall determine the airport area of
influence for each of the airports within its jurisdiction. The ALUC shall begin the process
to develop a master plan to be adopted for each airport and for Butte County by applying
for funding through the proper authority. If the existing airport plans are sufficient in
detail to meet the California Department of Transportation, Aeronautics Program
(Caltrans AP) standards, then those plans shall be accepted, adopted and used as the basis
for the construction of the Butte County Airport Land Use Plan. If the existing plans do
not meet, in sufficient detail, Caltrans AP standards then each plan must be adjusted to
meet those standards.
5. The ALUC insure:
a) General plan amendments within the individual city and county government jurisdiction
for new land uses within the airport area of influence to be consistent with proper noise,
safety, airspace protection and overflight standards.
b) Overruling must consist of 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.
c) Existing incompatible land uses may continue; however, no incompatible land use may
be changed to another incompatible land use.
d) If any incompatible land use, building or structure is damaged and the damage exceeds
50 percent of the value of the use, building or structure, and subsequent land use must be
in conformity with the airport area of influence.
e) The affected cities and counties ensure project proponents fulfill the notification
requirements of FAR Part 77 and California Public Utilities Code sections 21658 and
21659.
16
f) In order to conduct an aeronautical study of the effect of a proposal upon navigable
space, and to make a determination whether the proposal constitutes a hazard to air
navigation, FAR Part 77 requires each person proposing any kind of construction or
alteration to give notice to the FAA on form 7640-1, Notice of Proposed Construction or
Alteration.
Interim Policies
1. A re -consideration of the present safety zones considered by ALUC. Present safety
and overflight zones have been defaulted to the two mile limit set by the state. As we
have seen from the maps, these do not represent the existing traffic patterns and
adjustments must be considered. The Chico Municipal Airport Plan, in particular, requires
a more precise traffic study concerning types of crafts and the time of year; particularly the
California Department of Forestry tankers and the slow climb pattern that occurs when
these aircraft leave the airport.
2. A CNEL study of single event noise levels must be included in future airport
compatibility plans to reflect a more precise complement of averaged noise levels.
'
3. The Butte County ALUC must adopt a position for a runway extension at the Chico
Municipal Airport. (CMA). The runway length at CMA has long been considered
'
adequate. In comparison to other Sacramento valley airports; however, the length may
'
represent a future growth obstacle. Analysis of future aviation standards suggests that an
extension of as much as 3000 feet might be required to meet the minimum requirements.
At present the cost of a new runway or the extension of the present runway is prohibitive.
'
Any extension of the current runway to the south may create incompatible land uses due
to safety considerations and FAA standards because of the particular densities of
'
development to the south. Development to the north would also be constrained due to the
lands.
cost of acquiring new airport
4. A study and discussion is needed as soon as possible that addresses,
a) long term plans for the airport;
b) the economic future of the city, county and their relationship to the airport;
c) the type of air traffic that will be sought.
' If it is determined that the extension is needed, problems already exist concerning
the density of land uses in the airport area and lack of runway protection policies. The
' adopted Chico North specific Plan may further threaten not only the existing airport
because of its land use policies and also any future plans for airport expansion. If the
situation is not addressed by plan amendments before development takes place the airport
' will be constrained from future expansion because of the prohibitive costs generated by
the purchase of developed land.
1
17
t
5. Butte County and the: City of Chico should consider cluster development as an
alternative land use within the airport area of influence. This would be particularly
beneficial to areas in the Chico North Specific Plan. Cluster developments allow for a
safety buffer for local residents by supplying pilots with adequate open space for
unforeseen events.
6. We suggest the commission be strengthened through education by utilizing
materials and training which is provided by the FAA and Caltrans to correct any
misunderstanding the commission may have concerning their responsibilities and
jurisdiction.
The preceding criteria is significant because the Chico Municipal Airport has
multiple aircraft types and operations. There are numerous considerations that need to be
fully examined before new airport operation policies can be developed and implemented.
Noise, safety, airspace protection and overflight are the most critical according to the
Caltrans ALUP handbook. These issues in particular must be thoroughly investigated in
order to develop effective interim policies. Finally, the Airport Commission should
consider the remaining airport issues in order of importance, including those presented
here.
18
Noise
' The CNEL (community noise: equivalent level) should have the following contour
calculations inputs.
The number of operations by aircraft type or group.
• The distribution of operations by time of day for each type of aircraft.
• The average takeoff profile and standard approach slope used by each aircraft type.
' • Runway system configuration and runway lengths.
The geometry of common aircraft flight tracks.
' • the distribution of operations for each flight track.
The 65 CNEL contour requirements must consider all of the above criteria for present and
future operations of the counties airports.
Safety
' The handbook suggests that safety concerns are more difficult to address because
of the uncertainty of events which may occur with normal airport operations. From the
of planning, the following two variables determine the degree of risk
standpointp g, g
' posed by potential aircraft accidents: accident frequency and accident severity. The
assessment of the preceding criteria will allow ALUC to determine adequate interim
policies.
1
Airspace Protection
' The potential for aircraft accidents caused by height incompatibilities are few but
the necessity for protecting airport airspace is necessary. The compatibility objective is in
' effect a safety factor which protects the airport and its surrounding area from incompatible
land uses. This does so by reducing the risk of hazards to flight which are airspace
' obstructions and land use characteristics which pose other potential hazards to. flight.
Finally, the compatibility policies should relate directly to the individual type of hazards.
Overflight
Experience has shown that noise related impacts do not stop at the boundary of the
' outermost mapped CNEL or Ldn contour. Many are sensitive to the frequent presence of
aircraft overhead even at noise levels measured by cumulative noise level contours. This
' 19
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category. of compatibility concern is not one for which many ALUC's have adopted
criteria or policies. Nevertheless, it is a concern which is increasingly being expressed.
Conclusion t
We believe that Butte County will continue to grow and that'the economic
potential represented by the airports in Butte County will be an integral part of growth in
the county. The sooner the county and its agencies with jurisdictions over airports focus
on a vision of growth that includes airports, a realistic look at the land uses around the
airports will become central to that vision. If airport growth becomes locked in by
development then the cost of a new airport will have fiscal and land constraints.
20
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Bibliography
State
CALTRANS Airport Land Use Planning Handbook
Planning, Zoning and Developmeni Laws
County
Butte County Airport Facilities & Land Use Manual
Butte Comprehensive Plan
Butte County General Plan Circulation Element
Butte County General Plan Noise Element
Butte County General Plan Safety Element
Butte County: North Chico Specific Plan
San Joaquin Council of Governments Airport Land Use Plan
City/Local
Airport Environs Plan: Chico Municipal Airport
Airport Noise Compatibility Program & Environs Plan for Chico Municipal Airport
Chico Area Sphere of Influence Study
City of Chico Draft General Plan
City of Chico Draft General Plan: Vol. 2 Implementation Program/Hearing Draft
Franklin Field Comprehensive Land Use Plan
Fresno Airport Environs Plan
Foothill Park .Accident Sites
McClellan Air Force Base Comprehensive Land Use Plan
Oroville Airport Land Use Plan
Paradise Skypark Airport Land Use Plan
Ranchero Airport Land Use Plan
Sacramento Metropolitan Airport Comprehensive Land Use Plan
Maps
Chico Airport Instrument Land System (ILS)
Tanker Departure Map
Instrument Departure Map
Instrument Approach Map ;
21
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APPENDICES
1 .
APPENDIX A
1
Airport
Land Use Plan (ALUP) Handbook
California Department of Transportation, Aeronautics Program
The purpose of the Airport. Land Use Plan handbook is to examine factors
1
which should be considered in the development of airport compatibility' .policies.
The ALUP handbook provides the following compatibility guidances'in Chapter
1
Three: ;
1. Compatibility policies, including both criteria and maps, are the central
1
component of any compatibility ;plan.
1
2. The types of compatibility,, concerns are;, .
a) - noise - As defined by measurable levels of noise from aircraft
operations near an airport.
1
b) - safety - From. the perspective of minimizing the risk of aircraft
accidents beyond the runway environment.
1
c) - airspace protection - Accomplished by limiting the height of structures
and\other objects in the airport vicinity and restrictions on other uses .
which potentially posse hazards .to flight.
d) - overflight - The loosely defined impacts of routine aircraft flight over a
1
community.
For each compatibility category, four features are outlined;
1
a) - compatibility objective — The objective to be sought by establishment
and implementation of the compatibility policies.
f
b) - measurement — The scale on which attainment of the objectives can be
1
measured.
c) - compatibility strategies —The types of strategies which, when formulated
as compatibility policies, can be used to accomplish objectives; and
1
d) - basis for''setting criteria — The basis upon which the respective
compatibility criteriai,have traditionally been established,
1
The ALUP handbook sets forth a summary of basic criteria appropriate for each of
the four compatibility categories;:
1
a) the criteria area create a checklist, not a specific quantitative design, and that
each airport must define ;the criteria that meet. local circumstance for
boundaries and zones with specific respect to each individual 'airport.
1
b) the criteria are suggestions and not intended to be mandated standards.
1
A-1
1
1
-
APPE.NDIX B
FINDINGS, POLICIES AND IMPLEMENTATION
The concerns of airport land use planning fall into three categories:
1
Height Restrictions = protecting) the navigable airspace around airports for
aircraft safety;
1
Noise Compatibility - minimizing the number of people exposed to noise from
air-craft operations;
'
Safety of Persons on the Ground - minimizing the numt:-cr of people exposed
to hazards related to aircraft operations and accidents.
1
Thoughtful planning in these three 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 the airport and the public resources it repre-
sents from encroachment!by incompatible land development..
The findings, policies, and guidelines contained in this plan have three major `unctions:
1
1. To protect the airport.frgm encroachment.by incompatible land uses;
2. To safeguard'the general welfare of the inhabitants within the vicinity of
1
'he airport and the, public in general by protecting them from the
dverse effects of aircraft noise and reducing the number of P'eople
exposed to airport-related hazards; and
that
3. To ensure no structures affect navigable airspace.
This plan establishes plan'ning boundaries for the airport and provides a compre-
hensive plan that 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 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.
It should also be understood that this jplan governs the relationship between the air-
port and the land uses that surround it and contains no recommendations concerning
operations of the airport. State law provides no authority to the ALUC over airport
'
operations.
While this plan provides a guide to compatible. land uses around the airport,`some
1
development already exists 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.
1
13-1
1
Incompatible development that currently exists is recognized as an existing incom-
patible 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.
i
Airport planning boundaries define areas where height, noise, or safety restrictions are
imposed, Height standards for defining obstructions to air navigation are established
'
by the Federal Aviation Administration (FAA) and are defined in Federal Aviation Regu-
lation (FAR) Part 77,' Obiects Affecting Navigable Airspace. Noise restrictions are
6. Airport
governed by California Administrative Code, Title 21, Subchapter safety
areas are determined by the Airport Land Use Commission. The total area encompas-
sed by these three sets of boundaries is referred to as the "Airport Area-of lnfluerce".
A. AIRPORT HEIGHT RESTRICTION AREA
Height restrictions are necessary to ensure that objects will notimpair flight
safety 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 nanecessarily be a hazard to air
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
3 provides,an example.bf obstruction clearances. .
Proponents of projects penetrating 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 would constitute a hazard to air navigation,
as definedin 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 3
OBSTRUCTION CLEARANCES PROVIDED BY
FAR PART 77 IMAGINARY SURFACES
e*111. 6 Of QL= SLAPU
WM.M iw rouocoom Pop"
AUNWAY
@O Of PRIWAY SWA 9
1. Findin s
a. Height. guidelines for determining if an object is an obstruction to
air navigation are set forth in Federal Aviation Regulation Part 77,
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.
b. Penetration of these imaginary surfaces by permanent structures
would interfere with the operating capability of the airport, wou!d
endanger pilots and passengers of aircraft operatir:g at the
airport, and would pose a hazard to persons occupying those
structure.
2. Policies
a. 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:
1) Primary Surface: A surface longitudinally centered along
the run -way, extending 200 feet beyond each end of the
paved runway and having a total width of 1,000 feet.
2) Horizontal Surface: A horizontal plane 150 feet above the
estab-lished airport elevation, the perimeter of which is
constructed by scribing an arc 10,000 feet out from the
center of each end of the primary surface and connecting
the arcs with tangents.
3) Conical Surface: A surface extending outward and upward
from the periphery of the horizontal su, ace at a slope of
20 to 1 for a horizontal distance of 4,000 feet.
4) Approach Surface: A surface longitudinally centered on
the extend -ed runway centerline, extending outward and
upward from each end of the primary surface at a slope
of 62.5 to 1 for a length of 50,000 feet. The width of this
surface starts the same as the Primary Surface, 1,000 feet,
and flares to 16,000 feet at 50,000 feet.
5) 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.
5-4
I.
u
fl
3. Implementation
a. ALUC adoption of this plan sets in motion a 180 day period
within which each city or county with jurisdiction over a .
Note: Where imaginary surfaces overlap, such as in the case
geographic area subject to this plan must take one of two
where the approach surface penetrates and continues upward
possible actions:
and outward from the horizontal surface, the lowest surface is
other land use controls and regulations, where
used to determine whether or .not an object would be an
necessary, to be consistent with this plan..
obstruction to air navigation.
2) The second option, if the city .or county does not
concur with provisions of this plan, is to overrule any
b. Any proposed new construction or expansion of existing
structures -that would penetrate any of the imaginary surfaces for
the Chico Muncipal Airport t: as adopted by the ALUC, is
overruling must, however, be by a two-thirds vote of
deemed to be an incompatible land use, unless either the FAA
the governing body and must be based on written
has determined that the proposed structure does not constitute a
and adopted findings that -the action to overrule is
consistent with Section 21670 of the California Public
hazard to air navigation or the State Division of Aeronautics has
Utilities Code.
issued a permit allowing construction of the proposed structure.
Section 21670 of the California Public Utilities Code
c. Any project that may penetrate the height notification limits of
iFederal
Aviation Regulation (FAR) Part 77 is deemed to be an
Airport Land Use Commission Law is to protect the
incompatible land use until all notification requirements are
public health, safety, and welfare by ensuring the
fulfilled.
E_5
3. Implementation
a. ALUC adoption of this plan 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
possible actions:
1) The first option is to amend its general plan and
other land use controls and regulations, where
necessary, to be consistent with this plan..
2) 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
1
E_5
B.
AIRPORT NOISE RESTRICTION ARE
Most complaints concerning airports are related to noises generated by aircraft
operations. At low levels, noise in the area around an airport is normally toler-
ated; 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 of
thio r,�ssoonse .to noise is the percentage 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 wa
ili in the individuals react to noise makes it impossible to
y
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, bu
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 long
term 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 emphirical 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 com-
plaints. 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 5 illustrates common sound levels and Figure 6 depicts community '
response to transportation noise.
B-6
Figure S
COMMON SOUND LEVEL'S
COMMON OUTDOOR . NOISE LEVEL COMMON INDOOR
SOUND LEVELS o8(A) SOUND LEVELS
C ,cop Of LMOro AT Pe R
110 , goPJr wo
TA IM O AT.j?G R -
'
MT TAgoA AT '=O /T
100.
.,
041011 SUBWAY rum ire. �t l
0IM OOIO AT JR "
' go'. A=eaNW AT JR..
..
on91 }mAcm AT 10 R
oAWloe Oispo AL AT J R .. -
-80
•
YWTMO AT J R
AT I® R•
-w70 VAcu N (1jM0 1T 10 R-.
.
V02ML wgxcH •T J R
-50
aJn iaA4h o -Tr a
S0 aswakilimp ren cor
' ..
dufT rowTTTrt .
ftlt/iaw 000MTT1t
40 lava, n4rw LOW Gowum'scs -
oun
30 LMMT
.
-
-
- os=T M*Wff r
emisoor AT 40I7 ..
CDCaTT
RAML
Irl ,ew�aNl
10
nw[LCLD or -LAA-4
1
0
Faure 6
COMMUNITY RESPONSE TO NOISE•.
100
so
USAF Study (Slid Lire)
Uno)
SCHULTZ,,S a (D..fed
PEOPLE
HIGHLY
ANNOYED
40
/
20
Day .Night Average
4S SO S3 60 dS 70 75 EO BS 90
Sound Level in
dB
Source: Federal
Agency
Review of Wooed Airoom Noise Analysis Imes. Regional interagency Committee on Noise: August
oe
1992
B-7
1.
Findings
a: 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.
b. 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
pt :-,i,purts in California. The criteria established by the code for
Ftii-ports with four-engine turbojet or turbofan aircraft and 25,000
annual operations is 65 dB CNEL.
C.' 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:
1) Single-family dwellings
'
2) Multi -family dwellings
3) Trailer parks
4) Schools of standard construction
,
d. 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.
e. Based on studies of building materials and construction types,
t
the following noise reduction estimates for common building
construction have been calculated:
r :T' -Y-
Noise Reduction from Common Building Construction
Noise
'
Range of Noise
- Construction Type Reduction (dB)**
1 '
Wood frame, stucco or wood 15-20
sheathing exterior. Interior
. drywall or plaster. - Sliding
1
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, 30-40
curtain wall, or masonry
exterior wall.. Fixed 1/4
1
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 accord-
ing to -the frequency range to which the .human ear is most
'
sensitive. .
--------------- ----------------
Source: Noise Insulation Problems in Buildings, Paul S:
Veneklasen and Associates, 1973.
'
f. 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:.
doors.
1) Heavy weatherstripping of exterior :.
2) Fixed, sealed, double -pane windows with forced ventilation or air
conditioning.
3) Elimination of baffling or openings through exterior walls, including.
Wall air conditioning units, mail slots, and attic and crawl space
Vents.'
4) Adding materials to ceilingsurfaces where no. attics exist.
B-9
2. Policies
a. The noise contours shown in Figure 7, Airport Noise Contours, are
adopted for the Sacramento Metropolitan Airport.
b. 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.
c. As development is proposed in the area between the 60 and 65 dB
CNEL noise contours, affected cities and counties should evaluate the
impact of aircraft noise on proposed development and consider requiring
noise reduction measures, aviation noise easements and buyer -renter
notification.
d. 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 and safety guidelines.
Proposed land uses must be compatible each.
AM
'
CHICO MUNICIPAL AIRPORT
-LAND USE COMPATIBILITY GUIDELINES FOR NOISE
iLAND
USE CATEGORY
COMPATIBILITY
WITH
and
(Standard Industrial Classification Code)
60-65
65-70
70-75
75-80
80-85
CNEL
CNEL
CNEL
CNEL
CNEL
RESIDENTIAL'
'
Single-family detached 2
No'
No'
No
No
No
No
No
No
No
No
Two-family dwelling
Multi -family dweiling (3+ families)No'
No'
No
No
No
Group quarters, :oo-;oinq houses, and residential care (702, 704, 836)
No'
No
No
No
No
'
Mobile home parks or courts (6515)
No'
No
No
No
No -
MANUFACTURING
'
Food & kindred products (20)
Yes
Yes
Yes'
Yes'
Yes'
'
Textiles & apparel (22, 23)
Yes
Yes
Yes'
Yes'
Yes'
Transportation equipment (37)
Yes
Yes
Yes`
Yes'
Yes'
Lumber & wood products (24)
Yes
Yes
Yes`
Yes'
Yes'
1
Furniture & fixtures (25)
Yes
Yes
Yes'
Yes`
Yes`
Paper & allied products (26)
Yes
Yes
Yes' .
Yes'
Yes`
Printing &publishing (27)
Yes
Yes
Yes`
Yes`
Yes`
Chemicals & allied products (28)
Yes
Yes
Yes'
Yes'
Yes`
Asphalt paving & misc. petroleum.(295, 299)
Yes
Yes
Yes`
Yes'
Yes' I.
Petroleum refining (291)
Yes
Yes
Yes`
Yes',
Yes'
Rubber & plastics (30)
Yes
Yes-
Yes'
'Yes`
Yes'
II
1
Stone, clay, glass & concrete products (32)
Yes
Yes
Yes'
Yes'
Yes' II
Primary & fabricated metals (33, 34)
Yes
Yes
Yes'
Yes'
Yes`
Electrical & electronic equipment (36)
Yes
Yes
Yes'
Yes°
Yes`
-
Leather products (31)
Yes
Yes
Yes`
Yes'
Yes' ;I
Industrial, commercial & computer equipment (35)
Yes
Yes
Yes'
Yes'
Yes' f
Photo, optical medical equipment (38)
Yes
Yes
Yes'
Yes`
Yes' i
.&
Miscellaneous manufacturing (39)
Yes
Yes
Yes'
Yes`
Yes'
'
TRANSPORTATION COMMUNICATIONS & UTILITIES
j.
Streets, roads & highways
Yes
Yes
Yes
Yes
YesQ
Heavy rail. lines: freight & passenger (40)
Yes
Yes
Yes`
Yes'
Yes
Light rail lines: passenger (41)
Yes
Yes
Yes'
Yes`
Yesa
Yes'
Trucking & rail freight terminals (42)
Yes
Yes
Yes4
Yes4
jj
Warehousing & storage (422)
Yes
Yes
Yes
Yes
Yes
Passenger terminals & stations
Yes
Yes
Yes`
Yes`
Yes'
Yes'
No
No
Water transportation: freight & passenger (44)
Yes
Yes .
Parking lots (752)
Yes
Yes
Yes
Yes
Yes
Transportation services (47)
Yes
Yes
Yes`
Yes'
No
Radio, TV & telephone (48)
Yes
Yes
Yes`
Yes'
No jI
Courier service (4215)
Yes
Yes
Yes'
Yes'
Yes`
Yes'
No
Yes`
Electrical & natural gas generation & switching (491, 492)
Yes
Yes
Natural gas & petroleum pipelines & storage (46)
Yes
Yes
Yes'
Yes'
Yes- I`
Water treatment plants (494)
Yes
Yes
Yes'
Yes'
Yes'
Yes`'
Yes` j
Yes'
Sewer treatment plants (4952)
Yes
Yes
Yes
Yes
Yes`
Yes'
it
Yes'
Sanitary landfills (4953)
Yes
Yes
Yes'
Yes'
Yes'
Recycling & transfer facilities (4953)
Yes
Yes
Yes'
Yes'
Yes'
Hazardous material facilities (4953)
CHICO MUNICIPAL AIRPORT
LAND USE COMPATIBILITY GUIDELINES FOR NOISE
LAND USE CATEGORY COMPATIBIUTY WITH
and
(Standard Industrial Classification Code) 60-65 65-70 70-75 75-80
CNEL I CNEL CNEL CNEL
WHOLESALE TRADE
Paints, varnishes & supplies (5198)
Chemicals & allied products (516)
Petroleum terminals & wholesalers (517)
Miscellaneous wholesale trade (50, 51)
RETAIL TRADE
Department & variety stores (single) (53)
Lumber, building materials & nurseries (521, 526)
Grocery .& drug stores (54)
Paint, glass, wallpaper & hardware (523, 525)
Auto, truck, boat & RV dealers (55)
Mobile home dealers (527)
Auto & truck service stations (554)
Fuel dealers (598)
Apparel & shoes (56)
Home furnishings (57)
Eating & drinking (58)
Miscellaneous retail trade (59)
BUSINESS & PERSONAL SERVICES
Auto, truck, boat, RV 8 miscellaneous repair (75, 76)
Mobile home repair (1521)
Commercial laundries & cleaning (721)
Coin-operated laundries (7215)
Photographers, beauty & barber, shoe repair (722, 725)
Funeral services (726)
Business services (73)
Computer programming & data processing (737)
Travel agencies (4724)
Legal & engineering (81, 87)
Banks, credit. unions & financial (63, 64, 65)
Hotels, motels, inns, bed & breakfast (701)
Business parks & industrial clusters
Offices for rent or lease
Business & vocational schools (824, 829)
Construction businesses (15, 16, 17)
Miscellaneous personal services (729)
SHOPPING DISTRICTS
Neighborhood shopping centers
Community shopping centers
Regional shopping centers
'i
�1
80-85
CNEL
Yes
Yes
Yes`
Yes"
Yes`
Yes
Yes
Yes`
Yes°
Yes`
YesYes
I
I
Yes`
I
Yes`
I
Yes"
Yes
Yes
Yes`
Yes`
Yes'
Yes
Yes
Yes`
Yes`
No
Yes
Yes
Yes°
No
No
Yes
Yes
Yes`
Yes`
No
Yes
Yes
Yes°
Yes'
No
Yes
Yes
Yes`
Yes°
No
Yes
Yes
Yes`
Yes'
No
Yes
Yes
Yes`
Yes`
No
Yes
Yes
Yes`
Yes°
No
Yes
Yes
Yes`
Yes°
No
Yes
Yes
Yes°
Yes°
No
Yes
Yes
Yes`
Yes'
I No
Yes
Yes
I Yes'
Yes"
j No
Yes
Yes "
Yes`
Yes'
No
Yes
Yes
Yes`
Yes`
I
No
Yes
Yes
Yes`
Yes' I
No
Yes
Yes
Yes°
Yes
No
Yes
Yes
Yes`
Yes'
No
Yes
Yes
Yes`
Yes"
No
Yes
Yes
Yes°
Yes°
No
Yes
Yes
Yes°
Yes'
No
Yes
Yes
Yes°
Yes`
No
Yes
Yes
Yes°
Yes`
No
Yes
Yes
Yes"
Yes`
No
Yes
Yes
Yes°
Yes4*5
No
Yes
Yes
Yes'
Yes`
No
Yes
Yes
Yes'
Yes`
No
Yes
Yes
Yes`
Yes'
No
Yes
Yes
I
Yes'
Yes'
No
Yes
Yes
Yes`
Yes'
No
Yes Yes I Yes° Yes° No
Yes Yes Yes ° Yes' No
Yes I Yes Yes° Yes' No
CHICO MUNICIPAL AIRPORT
LAND USE COMPATIBILITY GUIDELINES FOR NOISE
LAND USE CATEGORY
COMPATIBILITY WITH
and
(Standard Industrial Cfansifi(Ation Code)
60-65
65-70
70-75
75-80
80-85
CNEL
CNEL
CNEL
CNEL
CNEL
PUBLIC AND QUASI -PUBLIC SERVICES
Post Offices '(53)
Yes
Yes
Yes`
Yes`
No
Government offices (91-96) .
Yes
Yes
Yes`
Yes`
No
Government social services (83)
Yes
Yes
Yes°•
Yes`
No
Elementary & secondary schools (821)
Yes
Yes`.'
No , '
No •
No
Colleges & universities (822)
Yes
Yes"
No
No
No
Hospitals (806)
Yes
Yes°.'
Yes`'s
No-
No
Medical & dental laboratories (807)
Yes
Yes
Yes'
Yes`
No
Doctor & dentist offices (801-804)
Yes
Yes •
Yes° ,
Yes`
No
Museums & art galleries (84)
Yes
Yes`.'
No
No
No
Libraries (823)
Yes
Yes°
No
No
No
Churches (866)
Yes
Yes`
No
No
No
Cemeteries (6553)
Yes
Yes
Yes°
Yes"
No
Jails & detention centers (9223).
Yes
Yes'
Yes`
No
No
Child care programs (6 or more children) (835)
Yes
Yes"'
No
No,
No
Nursing care facilities (805)
Yes
. Yes`.'
No
No
No
RECREATION
Neighborhood parks
Yes
Yes
Yee-
No
No
Community -wide & regional parks
Yes.
Yes
Yes
No
No
Riding stables (7999)
Yes
Yes ,
Yes4
No
No
Golf courses (7992)
Yes
Yes
Yes
<
Yes
No
Open space & natural areas
Yes
Yes
Yes
Yes°
Yes`,
Yes`
Yes`
Yes°
Yes`
Natural water areas
Recreation & amusement centers (793, 799)'
Yes
Yes
Yes
Yes°
Yes`
No
Physical fitness & gyms (7991)
Yes
Yes
Yes°
Yes`
No
Camps, campgrounds & RV parks (703)
Yes
Yes
No
No -
No
Dance halls, studios, schools (791)
Yes
Yes
Yes °
Ye s°
No
Theaters - live performance (7922)
Yes
Yes4'5.6
Yes .`.5.6
No
No .
Motion picture theater - single or double (783)
Yes
YeS4 s
No
No
Motion picture theater complex - 3 or more'(783)
Yes
Yes4.5
Yes
Yes No1
No
No
Professional sports (7941)
Yes
Yes
Yes
No
No
Stadiums and arenas
Yes
Yes
Yes
Yes4.5.6
Yes
Yes4.5'6
No
No
No
No
Auditoriums, concert halls, amphitheaters
Fairgrounds and expositions (7999)
Yes
Yes
Yes
No
No
Racetracks (7948)
Yes
Yes
Yes
No
No
Theme parks .
Yes .
Yes
Yes.
No
No
t
CHICO MUNICIPAL AIHPUH I
LAND USE COMPATIBILITY GUIDELINES FOR NOISE
LAND USE CATEGORY
COMPATIBILITY WITH
60-S.ti 66-70
70-75
75-80
80-65
and
(Standard Industrial Classification Code)
CNEL CNEL
CNEL
CNEL
CNEL
AGRICULTURE AND MINING
Row 8 field crops (011, 013, 016)
Yes
Yes
Yes°
Yes°
Yes°
Yes'
Yes`
Yes°
Tree crops (012)
Yes
Yes
Yes
Yes
Yes°
No
No
Intensive livestock (021, 024, 027)
Yes
Yes
Yes`
Yes`
Yes`
Nursery products (018)
Yes
Yes
Yes°
No
No
0
Poultry (025)
Yes
Yes
Yes'
Yes°
Yes°
Pasture grazing
Yes
Y es
Yes'
Yes`
Yes°
Agricultural services (07)
Yes
Yes
Yes°
Yes`
Yes`
Mining & quarrying (10, 12,14)
Yes
Yes
Yes`
Yes°
Yes°
Oil .& gas extraction (13)
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. ,
2 Second residential units are a compatible use within all CNEL ranges, subject to the condition that the proposed
second unit be consistent with the provisions of Sections 65x52.1 and 65852.2 of the Califomia Govemment Code.
' Compatible only If the residential use is directly related to agricultural use of a property, such as dwelling units for the
land owner, the owner's immediate family, or for employees required for the maintenance or protection of the
property. All residential units shall be designed to limit intruding noise such that interior noise levels do not exceed
45 CNEL, with windows closed, in any habitable room. ,
` 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.
s 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.
6 Only indoor uses permitted.
Am
;I
3. Implementation i
a. ALUC adoption of this plan 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:
'
1) The first option is to amend its General Plan and other land
use controls and regulations; where necessary, to be
consistent with .this plan. .
does not concur
2 The second option, if the city or. county
with provisions of this .plan, is to overrule any portion of the
plan with which it does not agree. The overruling must,
1
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
Land
clear that the purpose of the California Airport Use
Commission Law is to protect the public health, safery: e�1e
welfare by ensuring the orderly expansion of airports and
1
the adoption of land use measures that minimize the
public's exposure ,to excessive noise and safety hazards.
b. Upon adoption. of this plan, -existing incompatible 'land uses may
continue; however; no incompatible land use may be changed to
;another incompatible land use.
C. 'Upon adoption of this plan, no incompatible land use, building, or.
structure may be expanded, except. the following'.
'
Single family detached residences
,1) -
.2) Schools that would increase in capacity. by- less than one.
l
third i(1 /3) .
d. : If any. incompatible land use, building, or structure is damaged.
and the damage exceeds 50 percent of the value of the use,
building, or;structure, any subsequent land use must be
conformity with this plan, except the following.
1
;1) Single family detached residences
2) Schools
8-15
e.
f
H
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 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 pl..! ;. The action to
override, including the required findings, is ,,nverned 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.
t'-16
. N
impact of the heavier, faster aircraft is much more severe than that
of the small piston engine airplane.
C. 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.
d. 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.
e. 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.
f. Certain types of land uses have been recognized as hazards to air
navigation. They are:
1) Land; uses that attract large concentrations of birds within
approach-climbout areas.
2) Land uses that produce smoke. ,
3) Land uses with flashing lights.
4) Land Uses that reflect light.
5) Land, uses that generate electronic interference.
6) Land.uses related to flammable' materials.
Policies
a. The ALUC designates the following airport safety zones. for
Sacramento Metropolitan Airport:
1) Clear Zone. Begins at the end _of the primary surface, 200
feet beyond the end of the paved runway surface, .and is.
centered along the extended runway centerline. It has an
inner width of 1,000 feet, extends outward for a length of
2,500 feet and has an outer width of 1,750 feet.
2) Approach/Departure Zone. Begins at the outer end of the
Clear Zone and is centered along the extended runway
centerline. It has an inner -width of 1,750 feet, extends
outward for a length of 7,500 feet, and has an outer width
of 4,b00 feet:
B_i7 .
C.
L�
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.
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. ,
1. . Findings
a. A nationwide study of civil air accidents has concluded that almost '
half the accidents involving civil aircraft occur on airport property
and of all aircraft accidents, 15% occur outside airport property,
but within a one -mile radius of the airport. '
b. There is a difference between the flight performance and crash
hazards presented by light, single-engine aircraft and larger,
heavier aircraft. While the number of light aircraft accidents is
greater, primarily due to the higher volume of flights, the crash
CHICO MUNICIPAL AIRPORT y
LAND USE COMPATIBILITY GUIDELINES FOR SAFETY
`
COMPATIBILITY WITH
LAND USE CATEGORY
APPROACH..
and
(Standard Industrial Classification Code)
CLEAR
DEPARTURE
OVERFLIGHT
/ZONE
ZONE
ZONE 'I',
RESIDENTIAL
)
Single-family detached -
No
Yes'
Yes" < <
Two-family dwelling
No
No
Yes" I
Multi -family dwelling (3+ families)
No
No
Yes''
Group quarters, rooming houses and residential care (702, 704, 836)
No
No
Yes" !
Mobile home parks or courts (6515)
No
No
Yes"
MANUFACTURING
Food & kindred products (20)
No
No
Yes"
Textiles & apparel (22, 23)
No
No '
Yes''
Transportation equipment (37)
No
No
Yes"
Lumber & wood products (24)
No
No
Yes''
Furniture & fixtures (25) F
No
No
Yes"
Paper & allied products (26)
No
No
Yes"
Printing & publishing (27)
No
No
Yes" }
Chemicals & allied products (28)
No
No
No i
Asphalt Paving & Misc. Petroleum (295, 299)
No
No
Yes"
Petroleum refining (2911)
No
No ,
No +
Rubber & plastics (30) '
No
No
No
Stone, clay, glass & concrete products (32)
No
No
Yes
Primary & fabricated metals (33, 34)
No
No
Yes'
Electrical, and electronic equipment (36)
No
No
Yes' "°
Leather products (31)
No
No
Industrial, commercial & computer equipment (35)
No
No
Yes' `
Photo, optical & medical equipment (38)
No
No
Yes"
Miscellaneous manufacturing (39)
No
No
Yes''
TRANSPORTATION. COMMUNICATIONS & UTILITIES_
Streets, roads, & highways
No
Yes
Yes
Heavy rail lines: freight & passenger (40)
No
Yes
Yes
Light rail lines: passenger (41)
No
Yes
Yes
Trucking & rail freight terminals (42)
No
No
Yes'
Warehousing & storage (422) 4
No
No
Yes`
Passenger terminals & stations
No
No
No
Water transportation: freight & passenger (44)
No
No
Yes''
Parking lots (752)
No
Yes'
Yes''
Transportation services (47)
No
No
Yes"
Radio, TV & telephone (48) ,
No
No
Yes' '4
Courier service (4215)
No
No
Yes" I
Electrical & natural gas generation & switching (491, 492)
No
No .
Yes" `° d
Natural gas & petroleum pipelines & storage (46)
No
No
Yes' t
Water treatment plants (494)
No
No
Yes6'' I
Sewer treatment plants (4952)
No
No
Yes' '
Sanitary landfills (4953)
No
No
Yes'"
Recycling & transfer facilities (4953)
No
No
Yes"'
Hazardous material facilities (4953)
No
No
Yes''=
3) overflight Zone. Generally coincides with the area
overflown by aircraft during normal traffic pattern.
procedures and coincides with the area under the
horizontal surface, but outside of the Clear and
Approach/ Departure Zones.
Figure 8 shows the safety zones in detail. Figure 9 shows all
safety zones overlayed on the airport.
b. The following land uses are incompatible in the Clear Zone and
the Approach/Departure Zone:
1) 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.
2) 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.
3) Any use that would generate smoke, attract large
concentrations of birds, or otherwise affect safe air
navigation.
4) Any use that would generate electrical interference that.
could be detrimental to the operation of aircraft or airport
instrumentation.
5) Any hazardous installations such as: above-ground oil, gas
or chemical storage facilities, but excluding facilities for non-
commer-cial, private domestic, or private agricultural use.
C. The Land Use Compatibility Guidelines for Safety 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, and safety guidelines.
Proposed land uses must be compatible with each.
r
CHIC, O MUNICIPAL AIRPORT
LAND USE COMPATIBILITY GUIDELINES FOR SAFETY
COMPATIBILITY WITH
LAND USE CATEGORY
APPROACH -
and
(Standard Industrial CiassifiCatlon Coda)
CLEAR
DEPARTURE
OVERFUGHT
ZONE
ZONE
ZONE
WHOLESALE TRADE
Paints, varnishes & supplies (5198) i
No
'
No K
Yes„
Chemicals & allied products
No
No'-
Yes„
Petroleum truck terminals .
No
No
Yes"
Miscellaneous wholesale trade
No
No
Yes"
RETAIL TRADE
Department & variety stores (single) (53)
No
No
Yes"
Lumber, budding materials & nurseries (521, 526)
No
No
Yes"
Grocery stores & drug stores (54)
No
� No
Yes"
Paint, glass, wallpaper & hardware (523, 525)
No
No
Yes"
Auto, mick, boat & RV dealers (55)
No
No
Yes"
Mobile home dealers (527)
No.
No
Yes,'
Auto & truck service stations (554)
No
No
Yes"
Fuel dealers (598)
No
No
Yes"
t
Apparel & shoes (56)
No
No
Yes''
Home furnishings (57)
No
N6 -Yes"
,
Eating & drinking (58)
No
No
Yes'
Miscellaneous retall trade (59)
No
No
Yes"
BUSINESS & PERSONAL SERVICES
Auto, truck, boat, RV & miscellaneous repair (75, 76),
No
No
Yes"
Mobile home repair (1521)
No
No
Yes"
Commercial laundries & cleaning (721) ;
No
No
Yes'
Coin-operated laundries (7215)
No
No
Yes"
Photographers, beauty & barber, shoe repair (722-725)
No
No
Yes"
Funeral services (726) ;
No
No
Yes"
Business services (73)
No
No
Yes"
Yes"
Computer -programming & data processing (737)
No-
No
Travel Agencies (4724)
No
No,
Yes'
Legal & engineering (81, 87) l
No'
No'"
Yes„
Banks, credit unions & fkvanclal (63, 64, 6b)
No
No
Yes"
Hotels, motels, Inns, bed & breakfast (701)
No
No
Yes„
Business parks & Industrial dusters
No
No
Yes„
Office buildings (offices for rent or lease)
No
No
Yes"
Business & vocaibnal schools (824, 829) '
'No .rt
No
Yes"
yes 13
Construction businesses (15, 16, 17)
No
No
Miscellaneous personal services (729)
No
No
Yes"
SHOPPING DISTRICTS
No
No
Yest3
Neighborhood shopping centers
No
No
Yes
Community shopping centers
No
Regional shopping centers
No
No .
8-22
11
AIRPORT
CHICO MUNICIPAL
LAND USE COMPATIBILITY GUIDELINES
FOR SAFETY
COMPATIBILITY WITH
LAND USE CATEGORY
and
APPROACH-
'
(Stsndsrd industrial Cla"Hication Cod*)
CLEAR
DEPARTURE OVERFUGHT
ZONE
ZONE
ZONE
SERVICES
'
PUBLIC AND QUASI -PUBLIC
No
No
Yer;3
Post offices (53)
No
No
Yes"
Govemment offices (81-96)
No
No
Yes"
ser
Govemment social vices (83)
No
No
No
,
Elementary & secondary schools (821)
No
No
Colleges & universities (822)
No
No
No
No
Hospitals (806)
Medical & dental laboratories (807)
No
No
Yes"
Yesu
Doctor & dentist offices (801.804)
No
No
No
Yes"
Museums & art galleries (84)
No
No
No
Yes13
Libraries (823)
No
Yes
Churches (866)
No
Yes2't0
Yes„
Cemeteries (6553)
Jails & detention centers (9223)
No
No
No
Chad care programs (6 or more children) (835)
No
No
Yes"
Yes„
Nursing care facilities (805)
No
No
RECREATION
No
No
Y�;z.,3
Neighborhood parks
No
No
No
Community -wide & regional parks
No
No
YeS, 3
Riding stables (7999)
No
Yes2'"
Golf courses (7992)
YOS3.s
Yesz.e.,sYes
s ' a ' 3
Open space & natural areas
Yes3'6
Yesz.e.,z
fi 12 ,3
Yes
Natural water areas
Recreation & amusement centers (793, 799)
No
No
Y�,3
Physical fitness & gyms (7991)
No
No
No
No
Yes13
No
Camps, campgrounds 8 RV parks (703)
No
No
Yea"
Dance halls, studios & schools (791)
No
No
Theaters - live performance (1922)
No
No
No
No
Motion picture theater - single or double (783)
No
No
No
Motion picture theater complex - 3 or more (783)
No
Professkxsports (7941)
mal
No
No
No
No
No
Stadiums and arenas
Auditoriums; concert halls, amphitheaters
No
No
No
Fairgrounds and expositions (7999)
No
NoNo
No
No
Racetracks (7948)
No
No
oNo
No
Theme parks
8-22
11
I ''
ri
0
t
I '.
CHICO MUNICIPAL AIRPORT -�
LAND USE COMPATIBILITY GUIDELINES FOR SAFETY
LAND USE CATEGORY
COMPATIBILITY WITH
AND
(Standard Industrial Classification Code)
APPROACH -
CLEAR
DEPARTURE
OVERFLIGHT
ZONE
ZONE
ZONE
AGRICULTURE_ AND MINING
Row & field crops (011, 013, 016)
Yes"
Yes2.6
Yes`3
Tree crops (012)
No
Yes'-'
Yes'"
Intensive livestock: ;021, 024, 027)
No
Yes"
Yes`
Nursery products (018)
No
Yes2.6
Yes'- 13
Poultry (025)
No
Yes,-,,
Yes'- 13
Pasture & grazing
YeS3.6,.
Yes2.6.
Yes'-13
Agricultural services (7)
No
Yes'
Yes"
Mining & quarrying (10, 12, 14)
No
Yes' -6
Yes`
Oil & gas extraction (13)
No
No
Yes"
FOOTNOTES:
' Use compatible only if directly related to agricultural use of the property for the provision of dwelling units for the lanc
owner's immediate family, or for employees required for the protection of the property. All such dwellings shall be
encouraged to locate outside of the Approach -Departure Zone if parcel lines permit. Second residential units
consistent with Sections 65852.1 and 65852.2 of the California Government Code are cor: ,Etitie.
2 Use compatible only if it does not result in a concentration of persons greater than 25 persons per acre at anytime
or the storage of flammable or explosive material above ground.
' 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.
4 No bulk petroleum products or chemical storage.
s Tour operator passenger facilities not allowed.
6 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.
' Household hazardous waste facilities operated as part of an integrated waste management program and resultinc
in only temporary storage of materials is allowed.
6 Uses in buildings must be compatible. -
' Use compatible only if requirements of California Education Code, Sections 39005.7, 81036.and 81038 are fulfillec
10 No chapels or funeral homes.
" No club houses, bars, restaurants or banquet facilities. Ancillary uses such as pro shops, snack bars, and specialty
food and beverage services are allowed. New course layouts & revisions to existing courses must be reviewed by
ALUC for safety impacts.
12 .No high intensity uses or facilities, such as structured playgrounds, ballfields; or picnic pavilions.
" Uses compatible only if they do not result in a large concentration of people. A large concentration of People !s
.defined as a gathering of individuals in an area that would result in an average density of greater than 25 persons
per acre per hour during any 24 hour period ending at midnight, not to exceed 50 persons per acre at any time.
14 No uses that would cause. electrical interference that would be detrimental to the operation of aircraft or aircra;-
instrumentation.
8-23
3. Implementation
a. ALUC adoption of this plan 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.
1) The first option is to amend its General Plan and other land
use controls and regulations, where necessary, to be
consistent with this plan.
2) 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.
b. Upon adoption of this plan, existing incompatible land uses may
continue; however, no incompatible land use may be changed to
another incompatible land use.
C. Upon adoption of this plan, no incompatible land use, building, or
structure may be expanded, except:
1) Single family detached residences.
2) Schools that would increase in capacity by less than one-
third (1 /3).
d. If. any incompatible land use, building, or structure is damaged
and the damage exceeds 50 percent of the value of the use,
building, or structure, any subsequent land use must be in
conformity with this `plan, except the following:
1) Single family detached residences.
2) Schools
.B-_24
e. !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.
f. 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.
Z.
i
1
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 ff the height of the structure is required to be approved under the Federal
Aviation Act of 1958 (Public Law 85-726;72 State 7;,1). ,
Section 21658: 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 '
1
'
ADDITIONAL REQUIREMENTS FOR LAND USE CONSISTENCY
In addition to the land use compatibility requirements contained in the
,
Airport Land Use Commission Law, there are other requirements in
the. Public Utilities Code and the Education Code for projects pro-
t
posed near airports.
A. 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
to
boundary which is nearest the site, the state agency or office which proposes
'
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 Transport-
ation, 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 ff the height of the structure is required to be approved under the Federal
Aviation Act of 1958 (Public Law 85-726;72 State 7;,1). ,
Section 21658: 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 '
1
regulations of the Federal Aviation Administration, unless the Federal Aviation
Administration has determined that the pole, line, tower, or structure does not
constitute a' hazard to air navigation.
Section 21659: Permit for structure or growth constituting hazard to air
navigation under federal regulation:. 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 "r;cordance with the regulations 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 it issued by the Department of, Transportation.
The permit shall not be required if the Federal Aviation Administration has deter- _
mined that the construction or growth does not constitute a hazard to air navi-
gation 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: Ar)groyal 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 .commission. 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 oublicly
_..___� _.-__s. I'�.�L��...::a. . ♦.. ...... a......1 ..1.... n...1 n.... �.....,1 �i .ne�i%ennc
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.
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.
8. 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 pinning, ano
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.pro-
posed 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.
U LV
Section 39006: Notice and public hearing
notice
Notwithstanding ithstandin Section 39005, immediately after receiving 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 theradf to the owner and operator of the airport o
who shall be granted the opportunity.to comment upon the proposed school
site.
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. r
Section 39007: Proposed school site within two miles of airport runway
�i
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
tconnection
with that site, any state funds otherwise made available under any s
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.
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 'c_ommunity 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
air ort
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
8-30
• '
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 expend -ed for
such purposes; provided; that the provisions of this section shall be applic-able
to .sites acquired prior to ;January 1, 1966 nor to any additions to extensions to
such sites.
'
-• If the recommendation of the Division of Aercnautics is unfavorable, such
recommendation shall not be overruled witiic l:.t r,;a express approval of the
Board of Governors and the "State Allocation. =Nerd:
1
APPENDIX C
AIRPORT LAND USE COMISSION FOR BUTTE COUNTY
CONCENTRATION OF PERSONS PER ACRE STANDARDS
1. 10 PERSONS FER ACME AT ANY TIME - LAND USES ARE COMPATIBLE IF THEY
00 NOT RESUL ! IN A GATHERING OF MORE THAN 10 PERSONS PER ACRE AT
ANY TIME.,
2. 25 PERSONS PER ACRE AT ANY TIME - LAND USES ARE COMPATIBLE IF THEY
DO NOT RESULT IN A GATHERING OF MORE THAN 25 PERSONS PER ACRE AT
ANY TIME.
3. AVERAGE OF 25 PERSONS PER ACRE PER HOUR - LAND USES ARE COMPAT-
IBLE IF THEY DO NOT'RESULT IN A GATHERING OF INDIVIDUALS IN AN AREA
THAT WOULD RESULT IN AN AVERAGE DENSITY OF GREATER THAN 25 PER
SONS PER'ACRE PER HOUR DURING ANY 24 HOUR PERIOD ENDING AT MID-
NIGHT, NOT TO EXCEED 50 PERSONS PER ACRE AT ANY TIME.
These standards are intended protect public health, safety, and welfare by ensuring that
large concentrations of people are not allowed in areas exposed to safety hazards within,
areas around airports.
The standards are applied by including them in Comprehensive Land Use Plans as a
condition of compatibility for various land uses,
implementation'of.these standards is achieved through Airport Land Use Commission
(ALUC) review of development proposals and a determination of compatibility or
incompatibility with the standards for the proposed development project.
In order to perform a review for conformity with the concentrations of persons per acre
standards and issue a determination, the ALUC must be able to review parcel specific
development proposals: Examples of parcel specific development proposals are: tentative
maps, site development plans, or conditional use permit applications. General Plan or.
zoning amendment proposals for large areas usually do not provide sufficient parcel
specific or site specific information on which to base a conformity determination on the
concentration of persons standard.
The ALUC reserves the sole right to determine if a development proposal contains
sufficient site specific information on which to make a determination' of conformity with the
concentration of persons per acre standards. Development proposals found not to
C-1
contain sufficient site specific information on which to make a determination may, at the
sole discretion of the ALUC, be deemed to be 'Incompatible, due to lack of site specific
information', or may be deemed to be 'Compatible, subject to conditions placed on the
project by the ALUC'.
MethodoloM
1. 10 Persons Der Acre at Any Time - Number of persons per acre is calculated as
follows:
a. Determine size, in gross acres, of the development proposal or project area
using a parcel specific development plari rnap. if acres are not known, divide
project size in square feet by 43,560 to obtain size in acres.
b. Determine highest number of persons expected in the proposal or project area
at any time during a typical 24 hour period ending at midnight.
C. Divide highest number of persons expected at any time during typical 24 hour
period by size of proposal or project in acres to determine highest number of
persons per acre at any time.
Examote 1 - A proposal for an auto parking lot on 9.5 acres operating 24 hours a
day. During each shift three employees are on site. It is estimated that fifty cars
enter or leave each hour and each car. carries 1.5 persons.
Highest Density
1. Project size is 9.5 acres.
2. Persons per hour is 50 x 1.5 = 75 + 3 employees = 78.
3. Highest density is 78 divided by 9.5, or 8.
In this example the project does not exceed the standard and would be compatible
with the concentration standard. I
2.' 25 Persons per Acre at any Time - Number of persons per acre is calculated as
follows: t
a. Determine size, in gross acres, of the development proposal or project, using
a parcel specific development plan map. If acres are not known, divide project
size in square feet by 43,560 to obtain size in acres.
b. Determine highest number of persons expected in the proposal or project area
at any time during a typical 24 hour period ending at midnight.
C. Divide highest number of persons expected at any time during typical 24 hour
period by size of proposal or project in acres to determine hignest number of
persons per acre at any time.
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C-3
11
i
Ex 1 = A proposa[ for a 2.7 acre riding stable with Gasses taught on riding.
Classes are two hours in length and are limited to 10 persons. No spectators are
allowed. There are two •instructors.
1
1. Project size is 2.7 acres.
2: Persons" per hour is 12.
'
3.. Highest density is 12 "divided by 2.7 or 4.
-In this example the projzct (Mes not exceed the standard and would be compatible
with the concentration ,r: idard.
3.1" Average of 25 Persons per Acre Ger Hour - Average densities of persons per
acre per hour during a.24 hour period are calculated as follows:
a. Determine size, in gross acres, of the development proposal or project area
using a parcel specific development plan map. 1f acres are not know, divide
in
project size in square feet by 43,560 to obtain size acres.
b. Determine number of persons expected in the proposal or project area during
each hour people will be in the" project area for a typical 24 hours period ending
.'
at midnight.
c. Add number of persons expected to be on the site during each hour of the
'
typical 24 hour period "to obtain the total number of persons expected.
d. Divide the total number of persons expected by the number of hours people
will be; in the project area to obtain the average number of persons per hour.
e. Divide the average, number of persons per hour by the project size in acres to
determine that average density of persons per acre per hour.
• 3.2 50 Persons Per Acre at Any Time - Number of persons per acre is calculated as
follows:
'
a. Determine size, in 'gross acres, of the development proposal or project, using
a parcel specific development plan map. If acres are not known, divide project
size in square feet by 43,560 to obtain size in acres.
'
b. Determine highestnumber of persons expected in the proposal or project area
at any time during; a typical"24 hour period ending at midnight.
'
C. Divide, highest number of persons expected at any time during typical 24 hour
period by size of proposal or project in acres to determine highest number of
persons per acre at any time.
C-3
11
In this example the project exceeds the 25 persons per acre per hour standard, at
34, but does not exceed the maximum density 'standard of 50 persons per acre at '
any time, at ' 41. This project would be incompatible with Airport Land Use
Commission standards.
Example 3.b - A proposal for a sheet metal fabrication fadiity on 2.5 acres. The '
facility will have a fabricating building, a warehouse, and a shipping dock. the facility
will operate two eight hour shifts. One shift as 45 workers and the other has 30. No
customers come to the facility. '
Average Density '
1. Project size is 2.5 acres.
2. Persons per hour is 45 x 8 = 360 and 30 x 8 = 240.
3. Total persons is 600 during 16 hours of operation. '
4. Average persons per hour is 600 divided by 16 = 37.5.
5. Average density per acre per hour is 37.5 divided by 2.5, or 15. '
r-,
C-4
Example 3.a - A proposal for a 12,000 square foot mobile home repair business on
a 200 x 240 foot lot. The business would operate nine hours each day. There
'
would be 30 employees in the building during each hour. During four hours, a total
of 15 visitors are expected each hour.
Average Density
1. The size of the project is 200 x 240 feet, or 48,000 square feet. Dividing
48,000 by 43,560 results in a project of 1.1 acres.
2. The number of persons during each hour is 30 during five hours and 45
during four hours.
'
3. A total of 330 persons will be on the site during the nine hours of operation
(5 x 30 = .150 and 4 x 45 = 180).
4. The average number of persons per hour is 330 divided by 9 hours, or 37.
'
5. Average density per acre per hour is 37 divided by 1.1, or 34.
Highest DensN
1. The highest number of persons expected at any time is 45. (30 employees
and 15 visitors).
'
2. Size of project is. 1.1 acres.
3. Dividing 45 persons by 1.1 acres results in 41 persons per acre.
'
In this example the project exceeds the 25 persons per acre per hour standard, at
34, but does not exceed the maximum density 'standard of 50 persons per acre at '
any time, at ' 41. This project would be incompatible with Airport Land Use
Commission standards.
Example 3.b - A proposal for a sheet metal fabrication fadiity on 2.5 acres. The '
facility will have a fabricating building, a warehouse, and a shipping dock. the facility
will operate two eight hour shifts. One shift as 45 workers and the other has 30. No
customers come to the facility. '
Average Density '
1. Project size is 2.5 acres.
2. Persons per hour is 45 x 8 = 360 and 30 x 8 = 240.
3. Total persons is 600 during 16 hours of operation. '
4. Average persons per hour is 600 divided by 16 = 37.5.
5. Average density per acre per hour is 37.5 divided by 2.5, or 15. '
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Highest, Density d
'
1. Highest number of.persons expected at any time is 45. j
2. Size of project is 2.5 acres.
'
3. Highest density is 45 divided by 2.5, or 18.
In'this example the project does not exceed either.the 25 persons. per acre per hour
'
standard, or the 50 persons per acre at any time standard. This project would be
compatible with Airport Land Use Commission standards.
Example 3.c - A proposal for a high technology repair facility on 2.3 acres. The:
facility will operate two eight hour shifts. One shift has 75 workers and the other has
'
65. No customers come to the facility:
` '
Av r Den
1. Project size is 2.3 acres.
'
2. Persons per hour is 75 x S = 600and 65 x 8 = 520.•
1
3. Tota! persons is 1,120 during 16 hours of operation.
divided by 16 = 70.
4. Average persons per hour is 11120
5. Average density per 'acre per hour,is 70 divided by 2.3, or 30.
Highest Density
1. Highest number of persons expected at any time is 75.
'
2. Site of project'is 2.3 acres.
3. Highest density is 75 divided by 2.3, or 32. '
In thisexample the project exceeds the 25 persons per acre per hour standard, at
30, but does not exceed the maximum density of 50 persons per acre at any time.
at 32. This project would be incompatible with Airport Land Use Commission
'
standards, :due to the fact the 25 persons per acre per hour standard is exceeded,
1 '
Revised 12/17/92 1
i
C_5
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'
APPENDIX D
'
AERONAUTICS LAW = STATE AERONAUTICS ACT
PUBLIC UTILITIES CODE (CHAPTER 4, ARTICLE 3:5)
'AIRPORT
LAND USE COMMISSION
-
(Revised 10/21192)
'
Creation; Membership; Selection
21670. (a) The Legislature hereby finds and declares that:
(1) It is in the public interest to provide for the orderly development of each
public use airport in this state and the area surrounding these airports so
as to promote the overall goals and objectives of the California airport noise
standards adopted pursuant to section 21669 and to prevent the creation
of new noise and safety problems.
(2) It is the purpose of this article to protect public health, safety, and welfare
by ensuring the orderly expansion of airports and the adoption of land use
measures that minimize the public's exposure to excessive noise and safety
hazards within areas around public airports to the extent that these areas
'
are not already devoted to incompatible uses.
(b) in order to achieve the purposes of this article, every county in which there is
located an airport which is served by a scheduled airline may establish an airport
'
land use commission. Every county, in which there is located an airport which
is not served by a scheduled airline, but is operated for the benefit of the general
public, will establish an airport land -,use commission, except that the board of
'
supervisors of the county may, after consultation with the appropriate airport
operators and affected local entities and after a public hearing, adopt a resolution
finding that there are no noise, public safety, or land use issues affecting any
airport in. the county which require the creation of a commission and declaring
the county exempt from that requirement. The board shall, in this event, transmit
a copy of the resolution to the Director of Transportation. For purposes of this
section, "commission" means an airport land use commission. Each commission
'
shall consist of seven members to be selected as follows:
(1) Two representing the cities in the county, appointed by a city selection
'
committee comprised of the mayors of all the cities within that county,
except that if there are any cities contiguous or adjacent to the qualifying
airport, at least one representative shall be appointed therefrom. If there
'
are no cities within a county. The number of representatives provided for
by paragraphs (2) and (3) shall each be increased by one.
(2) Two representing the county, appointed by the board of supervisors. '
'
(3) Two having expertise in aviation, appointed by a selection committee
comprised of the managers of all of the public airports within that county.
'
(4) One representing the general public, appointed by the other six members
of the commission.
Ia
(c) Public officers, whether elected or appointed, may be appointed and serve as
members of the commission during their term of public office.
(d) Each member shall promptly appoint a single proxy to represent him or her in
commission affairs and to vote on all matters when the member is not in
attendance. The proxy shall be designated in a signed written instrument which
shall be kept on file at the commission offices, and the proxy shall serve at the
pleasure of the appointing member. A vacancy in the office of proxy shall be
filled promptly by appointment of a new proxy.
(e) A person having an "expertise in aviation" means a person who, by way of
education, training, business, experience, vocation or avocation has acquired and
possesses particular knowledge of, and familiarity with, the function, operation,
and role of airports, or is an elected official of a local agency which owns or
operates an airport. The commission shall be constituted pursuant to this section
on and after March 1, 1988.
Action by Designated Body Instead of Commission
21670.1 (a) Notwithstanding any other provision of this article, if the board of supervisors and
the city selection committee of mayors in the county each makes a determination
by a majority vote that proper land use planning can be accomplished through
the actions of an appropriately designated body, then the body so designated
shallassume the planning responsibilities of an airport land use commission as
provided for in this article, and a commission need not be formed in that county.
(b) A body designated pursuant to subdivision (a) which does not include among its
membership at least two members having an expertise in aviation, as defined in
subdivision (e) of Section 21670, shall, when acting in the capacity of an airport
land use commission, be augmented so that the body, as augmented, will have
at least two members having that expertise. The commission shall be constituted
pursuant to this section on and after March 1, 1988.
Applicability to Los Angeles County
21670.2 (a) Sections 21670 and 21670.1 do not apply to the County of Los Angeles. In that
county, the county regional planning commission has the responsibility for
coordinating the airport planning of public agencies within the county. In
instances where impasses result relative to this planning, an appeal may be
made to the county regional planning commission by any public agency involved.
The action taken by the county regional planning commission on such an appeal
may be overruled by a four-fifths vote of the governing body of a public agency
whose planning led to the appeal.
(b) By January 1, 1992, the county regional planning commission shall adopt the
comprehensive land use plans required pursuant to Section 21675.
(c) Sections 21675.1, 21675.2, and 21679.5 do not apply to the County of Los
Angeles until January 1, 1992. If the comprehensive land use plans required
pursuant to Section 21675 are not adopted by the county regional planning
commission by
DI
. I
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11
I
(d) By January 1, 1992; Sections 21675.1 and 21675.2 shall apply to the County of
Los Angeles until the plans are adopted.
Applicability to Mendocino County
SEC. 1
21670.3 (a) Notwithstanding the deadlines in Sections 21671.5 and 21675.1, the commission
in the County of Mendocino shall adopt the comprehensive land use plans
"ir=& "rcuant to Section 21675 by June 30, 1993, for all public airports in the
req .p
county except the Willits Municipal Airport.
(b) Until the .commission adopts a comprehensive land use plan, the city or county
shall first submit all actions, regulations, and permits within the vicinity of a public
airport to the commission for review and approval. Before the commission
approves or disapproves any actions, regulations, or permits, the commission
shall give public notice in the same
me manner as the city or county is required to
give for those actions, regulations, or permits. As used in this section, "vicinity"
means land which will be included or. reasonably could be included within the
plan. If the commission has not designated a study area for the plan, then
"vicinity". means land, within two miles of the, boundary of a public airport.
(c) The commission may approve an action, regulation; or permit if it finds, based
on substantial evidence in the record, all of the following:
(1) The commission is making substantial progress toward the completion of
the, plan.
(2) There is a reasonable probability that the action, regulation, or permit will.
be 'consistent With the plan being prepared by the commission.
(3) There is little or no probability of substantial, detriment to or interference with
the future adopted plan if the action, regulation, or permit Js ultimately,
inconsistent with the plan.
(d). If the commission disapproves an action, regulation, or permit, the commission
shall notify the city or county., The city or county may overrule the commission,
by a two-thirds vote of its governing body, if it makes specific findings that the
proposed action, regulation, or permit is consistent with the purposes of this
article, as stated in Section 21670.
(e) If a city, or county overrules the commission pursuant to subdivision (d), that
action shall not relieve the city, or county from further compliance with this article
after the, commission adopts the plan.
If a city, or county overrules the commission pursuant. to subdivision (d) With,
respect to a publicly owned airport that the city or county does not operate,, the
operator of the airport is not liable for damages to property or personal injury
resulting from the city's or county's decision to. proceed with the action,
:regulation, or permit.
.D-3
(g) A commission may adopt rules and regulations which exempt any ministerial
permit for single-family dwellings from the requirements of subdivision (b) if it
makes the findings required pursuant to subdivision (c) for the proposed rules
and regulations, except that the rules and regulations may not exempt either of
the following:
(1) More than two single-family .dwellings by the same applicant within a
subdivision prior to June 30, 1993.
(2) Single-family dwellings in a subdivision where 25 percent or more of the
parcels are undeveloped.
(h) Until June 30, 1993, 'no action pursuant to Section 21679 to postpone the
effective date of a zoning change, a zoning variance, the issuance of a permit,
or the adoption of a regulation by a local agency, directly affecting the use of
land within one mile of the boundary of a public airport, shall be commenced in
the County of Mendocino.
(i) This section shall become inoperative on June 30, 1933, and is repealed on that
date:
SEC. 2 In enacting Section 21670.3.of the Public Utilities Code pursuant to Section 1 of this
bill, the Legislature finds and declares that:
(a) The Legislature has not extended the deadlines in Sections 21671.5 and 216-15.1
of the Public Utilities Code for the Willits Municipal Airport.
(b) This act shall have no effect on the pending litigation brought by the City of
Willits regarding the lack of a comprehensive land use plan for the Willits
Municipal Airport.
(c) The Legislature does not intend to further extend the deadlines in Sections
21671:5 and 21675.1 of the Public Utilities Code for the County of Mendocino.
SEC. 3 The Legislature finds and declares that a special law is necessary and that a general
law cannot be made applicable within the meaning of Section 16 of Article IV of the
California Constitution because of the unique circumstances of the commission in the
County of Mendocino. The facts constituting the special circumstances are:
There are unique problems involved for the commission in preparing the
comprehensive land use plans with sufficient resources and broad public
involvement, taking into consideration such factors as the county's natural
resources and lands of high scenic values.
Airport Owned by a City. District or County: Appointment of Certain Members by Cities
and Counties
21671. In any county where there is an airport operated for the general public which is owned
by a city or district in another county or by another county, one of the representatives
provided by paragraph (1) of subdivision (b) of Section 21670 shall be appointed by
the city selection committee of mayors of the cities of the county in which the owner
provided b are r
of that airport is located, and one of the representatives p y p g aph.(2) of
subdivision (b) of Section 21670 shall be appointed by the board of supervisors of the
county in which the owner'of that airport is located.
Term of Office-, Removal of Members: Vacancies: Compensation; Staff Assistance;
'
Meetings '
21671.5 (a) Except for the terms of office of the members of the first commission, the term
'
of office of each member shall be four years and until the appointment and
his or her successor. The members of the first commission shall
qualification of
classify. themselves by lot so that the term of office of one member is one year,
'
of two ,members is two years, of two members is three yeas, and of two
members is four years. The body which originally appointed a member whose
term has expired shall appoint his or her successor for a full term of four years.
Any member may be removed at any time and without cause by the body
appointing him or her. The expiration date of the term of office of each member
shall be the first Monday in May in the year in which his or her term is to expire.
Any vacancy in the membership of the commission shall be filled for the
'
unexpired term by appointment by the body which originally appointed the
member whose office has become vacant. The chairperson of the commission
'
shall be selected by the members thereof.
(b) Compensation, if any, shall be determined by the board of supervisors.
(c) Staff assistance, including the mailing of notices and the keeping of minutes, and
'
necessary quarters, equipment and supplies shall be provided by the county.
The
usual and necessary operating expenses of the commission "shall be'a county
'
charge.
(d) Notwithstanding any other provisions of this article, the commission shall not
employ any personnel either as employees or independent contractors without.
'
the prior approval of the board of supervisors.
(e) The commission shall meet at the call of the commission chairperson or at the
' -
request of the majority of the commission members. A majority of the
commission members shall constitute a quorum for the transaction of business.
No action shall be taken by the commission except by the recorded vote of a
'
majority of the full membership.
(f) The commission may establish a schedule of fees necessary to comply with this
article. Those fees shall be charged to the proponents of actions, regulations,
'
or permits; shall not exceed the estimated reasonable cost of providing the
service; and shall be imposed pursuant to Section 66016 of the Government
Code. Except as provided in subdivision (g), after June 30, 1991, a commission
'
which has not adopted the comprehensive land use plan required by Section
21675 shall not charge fees pursuant to this subdivision until the commission
1
adopts the plan.
D_J
(g) In any county which has undertaken by contract or otherwise completed land use
plans for at least one-half of all public use airports in the county, the commission
may continue to charge fees necessary to comply with this article until June 30,
1992, and, if the land use plans are complete by that date, may continue
charging fees after June .30, 1992. If the land use plans are not complete by
June 30, 1992, the commission shall not charge fees pursuant to subdivision (f)
until the commission adopts the land use plans.
Rules and Regulations
21672. Each commission shall adopt. rules and regulations with respect to the temporary
disqualification of its members from participating in the review or adoption of a
proposal because of conflict of interest and with respect to appointment of substitute
members in such cases..
Initiation of Proceedings for Creation by Owner of Airport
21673. In any county not having a commission or a body designated to carry out the
responsibilities of a commission, any owner of a public airport may initiate
proceedings for the creation of a commission by presenting a request to the board of
supervisors that a commission be created and showing the need therefor to the
satisfaction of the board of supervisors.
Powers and Duties
21674. The commission has the following powers and duties, subject to the limitations upon
its jurisdiction set forth in Section 21676:
(a) To assist local agencies in ensuring compatible land uses in the vicinity of all
new airports and in the vicinity of existing airports to the extent that the land in
the vicinity of those airports is not already devoted to incompatible uses.
(b) To coordinate planning at -the state, regional, and local levels so as to provide
for the orderly development of air transportation, while at the same time '
protecting the public health, safety; and welfare.
(c) To prepare and adopt an airport land use plan pursuant to Section 21675.
(d) To review the plans, regulations, and other actions of local agencies and airport ,
operators pursuant to Section 21676.
(e) The powers of .the commission shall in no way be construed to give the '
commission jurisdiction over the operation of any airport.
(f) In order to carry out its responsibilities, the commission may adopt rules and
regulations consistent with this article. '
Staff Training and Development
21674.5 .(a) The Department of Transportation shall develop and implement a program or '
programs to assist in the training and development of the staff of airport land use
commissions, after consulting with airport land use commission, cities, counties.
and other appropriate public entities. '
D -d. '
.
..4y,fts"•f�:iti 1. ._� {"�#.t+y i°"': ^':.�• '{
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� , yd P r*v ♦ . �
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(b) The training and development program-or programs are intended to assist the
staff of airport land use commissions in addressing high priority needs, and may I
'
include,but need not be limited to the following:
(1) The establishment of a process for the development and adoption of
1
comprehensive +land. use plans.
(2) The development of criteria for. determining airport land use planning
boundaries.
'
(3) The identification of essential elements which should be included in the '
comprehensive, land use plans.
Appropriate criteria and procedures for reviewing proposed developments R
1
(4)
and determining whether proposed developments are compatible with the
airport use.
1
(5) Any other organization, operational, procedural, or technical responsibilities
and functions which the department determines to be' appropriate to provide
to commission 'staff and for which it determines there is a need for staff
'
training and development.
(c) The department may provide training and development programs for airport land F
use commission staff pursuant to this section by any means it deems
1
appropriate. Those,programs may be presented in any of the following ways:
(1) By'offering formal courses or training programs.
1
(2) By, sponsoring, or assisting in the organization and sponsorship of !
conferences, seminars, or other similar events. { .
(3) By ;producing and making available written information.
'
(4) Any other feasible method of providing information'. and assisting in the
training and development of airport land use commision staff.
.
1
SEC. 2 The sum of one hundred thousand dollars ($100,000) is hereby appropriated from the ;
Aeronautics Account in the State Transportation Fund to. the Department of
Transportation for the purposes of this Act.
1
SEC. 3 This Act is an.urgency statute necessary for, the immediate preservation of the public t
peace, health, or safety within the meaning of Article IV of the Constitution and shall ; 4
go into immediate effect.' The facts .constituting the necessity are:
land to comply with state law requiring
In order to assist airport use commissions _
the development and adoption of comprehensive land use plans for, each public ;
airport in California, and in order to provide for the orderly development of public
1
airports, and to provide adequate protection from incompatible land uses in the ,t
vicinity of public use•�airports at the earliest possible time, it is necessary that this
1
Act take effect immediately.
� v r
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Land Use Plan ,
21675. (a) Each commission shall formulate a comprehensive land use plan that will provide
for the orderly growth of each public airport and the area surrounding the airport
within the jurisdiction of the commission, and will safeguard the general welfare
of the inhabitants within the vicinity of the airport and the public in general. The
commission plan shall include and shall be based on a long-range master plan
or an airport layout plan, as determined by the Division of Aeronautics of the
Department of Transportation, that reflects the anticipated growth of the airport
during at least the next 20 years. In formulating a land use plan, the commission
may develop height restrictions on buildings, specify use of land, and determine
building standards, including soundproofing adjacent to airports, within the
planning area. The comprehensive land use plan shall be reviewed as often as
necessary in order to accomplish its purposes, but shall not be amended more
than once in any calendar year.
(b) The commission may include, within its plan formulated pursuant to subdivision
(a), the area within the jurisdiction of.the commission surrounding any federal
military airport for all of the purposes specified in subdivision (a). This
subdivision does not give the commission any jurisdiction or authority over the
territory or operations of any military airport.
(c) The planning boundaries shall be established by the commission after hearing
and consultation with the involved agencies.
(d) The commission shall submit to the Division of Aeronautics of the Department
one copy of the plan and each amendment to the plan.
(e) If a comprehensive land use plan does not include the matters required to be
included pursuant to this article, the Division of Aeronautics of the Department
shall notify. the commission responsible for the plan.
Date of Adoption: Review of Actions; Approval or Disapproval
21675.1 (a) By June 30, 1991, each commission shall adopt the comprehensive land use
plans required pursuant to section 21675. except that any county which has.
undertaken by contract or otherwise completed land use plans for at least one-
half of all public use airports in the county, shall adopt that plan on or before
June 30, 1992.
(b) Until a commission adopts a comprehensive land use plan, a city or county shall
first submit all actions, regulations, and permits within the vicinity of a public
airport to the commission for review and approval. Before the commission
approves or disapproves any actions, regulations, or permits, the commission
shall give public notice in the same manner as the city or county is required to
give for those actions, regulations, or permits. As used in this section, "vicinity'"
means land which will be included or reasonably could be include within the plan...
If the commission has not designated a study area for the plan, then "vicinity",
means land within two miles of the boundary of a public airport.
(c) The commission may approve an action, regulation, or permit if it finds, based
on substantial evidence in the record, all of the following:
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{1) The commission is making substantial progress toward the completion of
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the plan.,
(2) There is a reasonable probability that the action, regulation, or permit will
be consistent with the plan being prepared by the commission.
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(3) There is little or no probability of substantial detrimentto or interference with
the future adopted plan if the action, regulation, or permit is ultimately
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inconsistent with the plan.
the
(d)
If the commission disapproves an action, regulation, or permit, commission
shall notify the city or county. The city or county may overrule the commission,
by a two-thirds vote of its governing body, if it makes specific findings that the
proposed action, regulation, or permit, is consistent with the purposes of this
article, as stated in Section 21670.
(e)
If the city or county overrules the commission pursuant to subdivision (d), that
action shall not relieve the city or county from further compliance with this article
after the. commission adopts the plan.
(f)
If a city or county overrules the commission pursuant to subdivision (d) with
respect to a publicly owned airport that the city or county does not operate, the
operator of the airport shall be immune from liability for damages to property or
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personal injury from the city's or county's decision to proceed with the. action;
regulation, or permit.
(g)
A commission may adopt rules and regulations which exempt any ministerial
permit for single-family dwellings from the requirements of subdivision (b) if it
makes the findings required pursuant to subdivision (c) for the proposed" rules
and regulations, except that the rules and regulations may not exempt either of
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the following:
(1) More than two single-family dwellings by the same applicant within a
'2)
subdivision prior to June 30, 1991.
( Single-family dwellings in a subdivision where 25 percent or more of the
parcels are undeveloped.
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Failure to Approve
or Disapprove
21675.2 (a)
If a commission fails to act to approve or disapprove any actions, regulations, or
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permits within 60 days of receiving the :request pursuant to Section 21675. 1, the
applicant or his or her representative may file an action pursuant to Section
1094.5 of the code of civil procedure to compel the commission to act, and the
court shall give the proceedings preference over all other actions or proceedings,
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except previously filed pending matters.of the same character.
(b)
The action, regulation, or permit shall be deemed approved only if the public
notice required by this subdivision has occurred.. If the. applicant has provided
seven days advance notice to the commission of the intent to provide public
notice pursuant to this subdivision, then, not earlier than the date of the
expiration of the time limit established by Section 21675.1, an applicant may
provide the required public notice.. If the applicant chooses to provide public
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notice, that notice'shall include a description of the proposed, action, regulation,
or permit substantially similar to the descriptions which are.commonly used in
public notices by the commission, the location of any proposed development, the
application number, the name and address of the commission, and a statement
that the action, regulation, or permit shall be deemed approved if the commission
has not acted within 60 days. If the applicant has provided the public notice
specified in this subdivision, the time limit for action by the commission shall be
extended to 60 days after the public notice is provided. If the applicant provides
notice pursuant to this section, the commission shall refund to the applicant any
fees which were collected for providing notice and which were not used for that
purpose.
(c) Failure of an applicant to submit complete or adequate information pursuant to
Sections 65943 to 65946, inclusive, of the Government Code, may constitute
grounds for. disapproval of actions, regulations, or permits.
V(d) Nothing in this section diminishes ' the commission's legal responsibility to
provide, where applicable, public notice and hearing before acting on an action,
regulation, or permit.
Review of Local General Plans
21676. (a) Each local agency whose general plan includes areas covered by an airport land
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use commission plan shall, by July- 1, 1983, -s I ubmit a copy of its plan or
specificplans to the airport land use commission. . The commission shall
determine by August 31, 1983, whether the plan or plans are consistent or
inconsistent with the commission's plan. If the plan, or plans are inconsistent with
1
the commission's plan, the local agency shall be notified and that local agency
shall have another hearing to reconsider its plans. The local agency may
overrule the commission after such hearing by a two-thirds vote of its governing
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{ . body if it makes specific findings that the proposed action is consistent with, the
purposes of this article as stated in Section 21670.
(b) Prior to the amendment of a general plan or specific plan, or the adoption. or
1
approval of a zoning, ordinance or building regulation within the planning
boundary established by the airport land use commission pursuant to Section
21675, the local agency shall first refer the proposed .action to the commission.
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If the commission determines that the proposed action is inconsistent with the
commission's plan, the referring agency shall be notified. The local agency may,
after a public hearing, overrule. the commission . by a two-thirds vote of its
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governing body if it makes specific findings that the proposed action is consistent
with the purposes of this article as stated in Section 21670. ;
land
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(c) Each public agency owning any airport within the boundaries of an airport
use commission plan shall, prior to modification of its airport master plan, refer
such proposed change to the airport land use commission. If the commission
deter -mines that the proposed action is inconsistent with the commission's plan,
the referring agency shall be notified. The public agency may, after a public
hearing, overrule the commission by a two-thirds vote of its governing body if it
makes specific findings that the proposed action is consistent with the purposes
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of this article. as stated in Section 21670.
(d) Each commission determination pursuant to subdivision (b) or (c) shall be made
within 60 days from the date of referral of the proposed action. If a commission
fails to make the determination within that period, the proposed action shall be
deemed consistent with the commission's plan.
Review of Local Plans
21676.5 (a) If the commission finds that a local agency has not revised its general plan or
specific plan or overruled the commission by a two-thirds vote of its governing
body after making specific findings that the proposed action is. consistent with the
purposes of this article as stated in Section 21670, the commission may require
that the local agency submit all subsequent actions, regulations, and permits to
the commission for review until its general plan or specific plan is revised or the
specific findings are made. If, in the determination of the commission, an action,
regulation, or permit of the local agency is inconsistent with the commission plan,
the local agency shall be notified and that local agency shall hold a hearing to
reconsider its plan. The local agency may overrule the commission after the
hearing by a two-thirds vote of its governing body if it makes specific findings
that the proposed action is consistent with the purposes of this article as stated
in Section 21670.
(b) Whenever the local agency has revised its general plan or specific plan or has
overruled the commission pursuant to subdivision (a), the proposed action of the
local agency shall not be subject to further commission review, unless the
commission and the local agency agree that individual projects.shall be reviewed
by the commission.
Marin County Override Provisions
21677. Notwithstanding Section 21676, any public agency in the County of Marin may
overrule the Marin County Airport Land Use Commission bya majority vote of its
governing body.
Airport Owner's Immunity
21678. With respect.to a publicly owned airport that a public agency does not operate, if the
public agency pursuant to Section 21676 or 21676.5 overrides a commission's action
or recommendation, the operator of the airport shall be immune from liability for
damages to 'property or personal injury caused by or resulting directly or indirectly
from the public agency's decision` to override the commission's action or
recommendation.
Court Review
21679. (a) In any county in which there is no airport land use commission or other body
designated to assume the responsibilities of an airport land use commission, or
in which the commission or other designated body has not adopted an airport
land use plan, an interested party may initiate proceedings in a court of
competent jurisdiction to postpone the effective date of a zoning change, a
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of
zoning variance, the issuance of a permit, o(the adoption a regulation by a
local agency, which directly affects the use of land within one mile of the
boundary of a public airport within the county.
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(b)
The court may issue an injunction which postpones the effective date of the
zoning change, zoning variance, permit, or, regulation until the governing body
of the local agency which took the action does one of the following:
(1) In the case of an action which is a legislative act, adopts a resolution
declaring that the proposed _action is consistent with the purposes of this
article as stated in Section 21670.
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(2) In the case of an action which is not a legislative act, adopts a resolution
making findings based on substantial evidence in the record that the
proposed action is consistent with the purposes of this, article as stated in
Section 21670.
(3) Rescinds the action.
,
(4) Amends its action to make it consistent with the purposes of this article as
stated in Section 21670, and complies with either paragraph (1) or (2) of
this subdivision, whichever is applicable.
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(c)
The court shall not issue an injunction pursuant to subdivision (b) if the local
agency which took the action demonstrates that the general plan and any
,
applicable specific plan of the agency accomplishes the purposes of an airport
land use plan as provided in Section 21675.
(d)
An action brought pursuant to subdivision (a) shall be commenced within 30 days
'
of the decision or within the appropriate time periods set by Section 21167 of the
Public Resources Code, whichever, is longer.
(e)
If the governing body of the local agency adopts a resolution pursuant to
'
subdivision (b) with respect to a publicly owned airport that the local agency does
not operate, the operator of the airport shall be immune from liability for damages
to property or personal injury from the local agency's, decision to proceed with the
t
zoning change, zoning variance, permit, or regulation.
(f)
As used in this section, "interested party" means any owner of land within two
miles of the boundary of the airport or any organization with a demonstrated
,
interest in airport safety and efficiency.
Action to Postpone Effective Date of Zoning Change, Etc.
,
21679.5 (a)
Until June 30, 1991, no action pursuant to section 21679 to postpone the
effective date of a zoning change, a zoning variance, the issuance of a permit.
or the adoption of a regulation by a local agency, directly affecting the use of
,
land within one mile of the boundary of a public airport, shall be commenced in
any county in which the commission or other designated body has not adopted
an airport land use plan, but is making substantial progress toward the
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completion of the plan.
has been from adopting the comprehensive land use
(b) If a commission prevented
plan by, June 30, 1!991, or if the adopted plan could not become effective, j
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because of a lawsuit involving.the adoption of the plan, the June 30, 1991 date
in subdivision (a) shall be extended by the period of time'during .which the lawsuit
was pending in a court of competent jurisdiction. '
(c) Any action pursuant'. to Section 21679 commenced .prior to' January 1, 1990, in
a county in which the commission or other designated body has not adopted an
'
airport land use plan, but is making substantial progress toward the completion
of.the plan, which has not proceeded to final judgment, shall be held in abeyance
until June 30, 1991. 1f the commission ' or other designated body adopts an
airport landuse.plan on or before June 30, 1991, the.action shall be dismissed.
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If the commission or other designated body does not adopt an airport land use
plan on `or before June 30, 1991, the plaintiff or plaintiffs may proceed with the
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action.
(d) An action to postpone the effective date of a zoning change, a zoning variance,
the issuance of permit, or the adoption of a regulation by a local agency, directly
affecting the use of land within one mile of the boundary of.a public airport for
which an airport land use plan. has not been adopted by June 30, 1991, shall be
commenced within 30 days of June 30, 1991, or within 30 days of the decision
by the local agency, or within the appropriate time periods set by Section 21167
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of the Public Resources Code. whichever date_ is later.'
APPENDIX E
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THE PLANNING AND ZONING LAW
(California Government Code) y
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TITLEj7. PLANNING AND LAND USE
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DIVISION 1. PLANNING AND ZONING
Article 5. Authority'for and Scope of General Plans _
1
SECTION 1.- Section 65302.3 of. the Government Code is amended to
read:
65302.3., (a) The general -plan,' and any applicable specific plan
1
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.
i (b) The general plan, .and any applicable specific plan,
shall be amended, as necessary, within 180 days of any amendment to
Ij
the plan required under Section 21675 of the Public Utilities Code.
(c) If the legislative body does not concur with any
1 :
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. { ti
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